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77^7 THE 

' ' ' 


GOVERNMENTAL INSTRUCTOR, 

OR 

A BRIEF AND COMPRBBENSITE VIEW 


GOVERNMENT OF THE UNITED STATES, 

AND ON THH 

STATE GjO VERNMENTS, 

IN’ EASY ILiESSOlSrS, 
DESIGNED FOR SCHOOLS, AND FAMILIES 
V 

7 r. BY J. B. SHURTLEFF. 

L ‘ It 

THIRD REVISED EDITION, CORRECTED BY 


DAVID 

_' 


',0 



NEW Y O R K : / ^ ' 

COLLINS &c BltOTHlCR, 
NO. 870 BROADWAY. 


6 



o 


o 


PEEF ACE. 


To a vast number of children, our Common Schools afford the only 
opportunity they enjoy of improving their minds, or of becoming en¬ 
lightened in regard to the general principles of the American Govern¬ 
ment, and in support of which, as citizens, they are to take an active 
part. In view of these considerations, then, how important it is that 
they should early become acquainted with the organization of that Gov¬ 
ernment— by inquiring into its peculiarities — ascertaining its funda¬ 
mental principles—all th« branches of which have so admirably harmon¬ 
ized as to prove to the world that a Nation can be greats and at the same 
time be free. 

Now, the Governmental Instructor is intended to supply the 
vacuum which has heretofore existed, in this particular, and instead of 
placing before the young learner a large volume of confused matter be¬ 
yond the reach of his comprehension, the Author has endeavored to suit 
it to his capacity; trusting that the work may prove not only interesting, 
but that it may be the means of urging the young mind to higher and 
more manly attainments in the knowledge of our admirable form of 
Government. J. B. S, 



THIRD REVISED EDITION. 

Messrs. Collins & Brother, New York : 

Dear Sirs :—The Governmental Instructor which you placed in my 
hands, I have carefully revised, bringing the data down correct to the 
present time. 

I believe the work in its revised form will be found a valuable aid in 
school instruction. It contains a large amount of important information 
on subjects indispensable to the youth of our country. 

DAVID N. CAMP. 

New Britain, July 10,1871. 


o 


Entered, according to Act of Congress, in the year 1871, 
BY COLLINS & BROTHER, 

In the Office of the Librarian of Congress, at Washington. 


6 











Q- 


O 


CONTENTS. 











Page 

Preface, - . - . . 









3 

Extent of the United States, 

. 




. 


. 

. 

9 

Discoveries, ----- 









10 

Conquests of Spain, - - - 









12 

English Settlements, - - - 








- 

15 

Spanish and other Settlements, - 









17 

Origin of the Revolution, 








- 

19 

Nature and origin of Laws, 



•» 






22 

Whence the right to rule is derived. 








- 

25 

Origin of the Continental Congress, 



• 






30 

Declaration of Independence, 








- 

33 

Articles of Confederation, 

• 


• 


m 




35 

Adoption of the Coirstitution, - 




• 




- 

38 

Powers of the Government, 

• 


* 


m 




41 

Congress, ----- 









44 

House of Representatives, 

m 


• 


m 




46 

Qualifications of Representatives, - 


m 


• 




- 

47 

Senate, ----- 









50 

Senators, how chosen, - - - 








- 

. 51 

Qualifications for a Senator, 





m 




53 

Impeachments, - - - - 









54 

Powers of each house. 





• 




58 

Journals of Congress, - - - 


m 






- 

58 

Adjournment, - - - - 





* 




59 

Pay of members of congress. 




- 




- 

60 

Privileges of members of congress. 









61 

Revenue, - - - - - 








- 

62 

Veto Power, - - - - 









63 


O 

























O-- — 

vi CONTENTS. 










Page 

Powers of Congress, - - - - 








65 

Taxes, ------ 







• 

66 

Powers of congress to borrow money. 








70 

Powers of congress to regulate commerce, 








71 

Natureilization Laws, - - - - 




m 




74 

Bankrupt Laws, - - - - 








76 

Navy and Militia, - - - - - 




m 




77 

Money, ------ 








79 

Post Office Department, - - - 




m 




80 

Patents and copy rights, - - - 








81 

Piracy, ------ 








82 

District of Columbia, - - - 








83 

Auxiliary and implied powers of congress, 








84 

Internal Improvements, - - - 








85 

Embargo, ------ 








86 

Records, &c., ----- 








86 

New States, ------ 








87 

Powers prohibited, slave trade, - 

• 


m 





90 

Habeas Corpus, ----- 








90 

Bill of Attainder, - - - - 








91 

Ex post facto Law, - _- 








91 

State powers prohibited, - - - 

• 







92 

Detters of Marque and Reprisal, 








93 

Bills of credit, ----- 








94 

Contracts, ------ 








96 

Executive Department, - - - 

m 







98 

Vice-President, ----- 








99 

President and Vice-President, how chosen. 

m 







100 

Qualification for President, - - - 

/ 

• 




• 


103 

Powers of the President, - - - 





- 



104 

List of the Presidents and Vice-Presidents, 


m 




• 


107 

Cabinet, ------ 








109 

Judiciary, ------ 






m 


111 

























o-o 

CONTEi^TS. vii 


Page 

Supreme Court,.113 

Public Ministers,.115 

Circuit Courts,.117 

District Courts,.118 

Territorial Courts, Marshals 119 

Trial by J ury, 120 

Treason,.. . 134 

Citizens,. 126 

Fugitive criminals,.137 

Guaranty,.127 

Amendments, - -- -- -- -- 128 

Religion, - -- -- -- -- 129 

Liberty of speech and of the press, ----- 129 

Reserved rights of the States,.130 

State Governments, ---.132 

Legislative organization of the several States, - - 132 

Of the Territories,.- 147 

State Judiciary, . 153 

State Executive, -.156 

Washington’s Letter, - 158 

Constitution of the United States, ----- 161 

Amendments to the Constitution, - - - - 180 

Declaration of Independence, ------ 186 

Census of 1870, - -- -- -- - 93 


o 


o 

























TO TEACHERS. 


n * 


In tising the Instructor, those teachers have 
been most successful who have introduced it as a 
READING book—^requiring the class to read in it 
say twice a week—making themselves sufficiently 
acquainted with the subject-matter as to be able 
to answer the questions readily. The reading les¬ 
sons being accompanied by explanations from the 
Teacher, the class becomes particularly interested 
in the subjects presented, and in the course of one 
term can pass through the book and review it. 

THE AUTHOR. 


O- 







o 


O-—_ 

THE GOVERNMENTAL INSTRUCTOR. 


EXTENT OF THE UNITED STATES. 

The United States extends across the continent 
of North America from East to West. It is bounded 
on the North by British America, on the East by the 
Atlantic Ocean, on the South by the Gulf of Mexico, 
and Mexico, and on the West by the Pacific Ocean. 
It also includes a separate territory, Alaska, lying 
on the north-west of British America. 

This vast tract of land is subdivided into thirty- 
seven States and ten Territories. 

The names of the States are as follows :— 


Maine, 

Rhode Island, 

New Jersey, 

Massachusetts, 

Pennsylvania, 

Virginia, 

New York, 

Maryland, 

Georgia, 

Delaware, 

South Carolina, 

Ohio, 

North Carolina, 

Kentucky, 

Mississippi, 

Tennessee, 

Illinois, 

Arkansas, 

Indiana, 

Louisiana, 

Florida, 

Alabama, 

Michigan, 

Wisconsin, 

Missouri, 

Iowa, 

Oregon, 

Texas, 

JMinnesota, 

Kansas, 

California, 

Vermont, 

West Virginia, 

New Hampshire, Connecticut, 
Nebraska. 

Nevada, 


How are the United States bounded ? 

How are the United States divided ? 

What are the names of the states ? 

-o 


o- 







GOVERNMENTAL 


10 


c 


There are ten organized territories, viz., Arizona, 
Colorado, Dakota, Idaho, Montana, New Mexico, 
Utah, Washington, Wyoming, and the District of 
Columbia. 

The name of the District is Columbia. 

These States and Territories and this District, all 
together, form one Government, called The United 
States of America. 

It is the object of this work to explain to the 
young reader the origin and nature of this Govern- 
ment; its several departments, and the mode of its 
operation. 


DISCOVERIES. 

Let us begin then at the beginning. Let us go 
back to that period when the whole Western Hemis¬ 
phere was inhabited only by Indians. And let us 
trace our title to this land down to the present time. 

On the eleventh of Oct. in the year 1492, Chris¬ 
topher Columbus, the Great Navigator, discovered the 
New World. He was in the employment of Ferdi¬ 
nand and Isabella, the King and Glueen of Spain ; 
the dueen proposed to pledge her jewels to raise the 
necessary funds to aid Columbus. Her generous offer, 
however, was not accepted. St. Angel, who was re- 


What are the names of the territories? 

What is the name of the district ? 

What do the states, territories, and district, all together form ? 
When, and by whom was the New World discovered ? 

By whom was Columbus employed ? 

What did the Queen propose to do to aid Columbus? 







o 


o 

INSTRUCTOR. 11 

ceiver of the church revenues of Arragon, promised to 
advance the necessary sum as a loan from his official 
treasury. 

But poor Columbus previous to his death suffered 
many privations. He was chained and imprisoned, 
cast off by Ferdinand after the death of Queen Isa¬ 
bella, and finally died at Valladolid May 20th 
1506, being about 70 years of age. His last words 
were, “ Into thy hands, O Lord, I commend my 
spirit.” 

At that time it was a principle acknowledged by 
all the European powers, that every nation was en¬ 
titled to claim and use as its own, all lands of which 
it was the first discoverer. And the right by which 
they claimed such lands was called the right of dis¬ 
covery. 

Lands, inhabited by savage and barbarous people, 
were considered uninhabited^ and possession was 
taken accordingly, mthout any regard to the rights 
of the occupiers. Hence, the first title of Spain to 
lands in the New World, was by right of discovery. 
She afterwards conquered other portions of the con¬ 
tinent, which she continued for a long time to hold 
by right of conquest. 

The same spirit of bold enterprise that led Colum¬ 
bus across the untried Atlantic, brought after him 
other daring adventurers. Among these were two 
Venetians, John Cabot, and his son Sebastian, 


When did Columbus die ? 

What is meant by the right of discovery ' 

By what title did Spain claim lands in the New World ? 






GOVERNMENTAL 


12 


employed by the English Government, who, on the 
24th of June, 1497, discovered the coast of Labrador^ 
and sailed along the shore of the continent as far as 
Florida. Hence England claimed a large portion of 
what is now the United States and Canada, by right 
of discovery. 

France, Spain, and Portugal, also claimed part of 
the same tract by right of discovery. But England 
finally drove away all her competitors, and claimed 
and held the whole as her own. She still holds Can¬ 
ada, having given up all claim to that part of the 
United States which was formerly the Thirteen Col¬ 
onies of Great Britain, by her Treaty of September 
3d, A.D., 1783, in which she acknowledged the 
Independence of the United States of America. 
Hence, the title of the Thirteen original States to the 
lands they claimed, was derived through England. 


CONQ.UESTS OF SPAIN. 

Soon after the discovery of the continent great 
numbers of military adventurers came over from 
Spain ; some of them seeking to acquire fortunes, and 
others ambitious to win fame. 

The ancient Mexican Empire tottered and fell be- 


By whom were the Cabots employed ? 

What discoveries did they make and when ? 

What lands did England claim by right of discovery? 
What does she still claim ? 

To what has she relinquished her claim? 

What Empire did Spain first conquer? 


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13 


INSTRUCTOR. 


fore the superior intelligence and power of these in¬ 
vaders, led on by the reckless Cortes. 

Guatemozin, the last of her monarchs, died on the 
gallows, by the command of Cortes, and as his body 
was suspended the birds of the air picked the flesh 
from his bones. 

But the treasury of Montezuma, and all the 
wealth of the Mexican Empire was not sufficient to 
satisfy the Spaniards’ love of gold. 

The report of the wealth of the Incas came to 
their ears, and a Spanish army, headed by the daring 
Pizarro, was soon on its march towards Peru. The 
Peruvian Empire fell before the victorious arms of 
the Spaniards, and Atahualpa, the last of the Incas, 
was murdered in cold blood, and the treasures of the 
Empire, the accumulation of centuries, were seized 
by the avaricious invaders. 

But Spain, having swallowed up the wealth of two 
vast Empires, still “ asked for more.” Consequently 
a third expedition was fitted out in 1539, under the 
command of Ferdinand De Soto, for the conquest of 
a supposed Empire called El Dorado, which they 
imagined to exist somewhere within the present limits 
of the United States. But no gilded cities awaited 


Who led the Spaniards ? 

Who was the last Mexican Emperor? 

W’^hat became of him ? 

What Empire was next conquered by Spain ? 

Who led the Spaniards? 

What became of Atahualpa? 

When was the third expedition fitted out, and who lead it ? 
What supposed Empire was De Soto in search of? 


c- 


2 










GOVERNMENTAL 


o— 

14 


O 


their approach. No objects were presented to gratify 
the ambition of the Spaniards, and after spending 
three years in searching, having marched half across 
the continent, they found nothing but half naked In¬ 
dians, and a sickly climate. 

De Soto died of a fever, and was sunk in a hollow 
oak, to the bottom of the Mississippi river, where 
his remains lie undisturbed. It is said that his body 
was interred upon the bank of the river, and subse¬ 
quently removed, in order to prevent its falling into 
the hands of his enemies. George Bancroft states 
that his body was wrapped in a winding sheet and 
cast into the Mississippi. 

Thus Spain acquired vast possessions by right of 
discovery and by right of conquest, which she con¬ 
tinued to hold for about three hundred years, during 
which time most of her American colonies, one by 
one, revolted from her, and established independent 
governments. 

That part of the United States lately called the 
Territory of Florida, is a portion of the immense pos¬ 
sessions acquired by Spain through the conquests of 
Cortes, Pizarro, De Soto and others. 

In 1819, Spain sold Florida to the United States 
for five millions of dollars; so that the title which she 


What was the result of that expedition ? 

What became of De Soto ? 

How long did Spain hold her American Colonies ? 

What then occurred ? 

When, and for how much did the U. S. purchase Florida? 

By what title did Spain formerly hold that territory ? 

By what title does the United States hold it? . j 

---- rj 


o- 









INSTRUCTOR. 


—o 

15 


O 


had obtained by discovery and conquest, has been 
acquired by the United States by purchase. 

The sudden tide of wealth, poured into Spain by 
the conquests of Mexico and Peru, sapped the foun¬ 
dation of her own prosperity, and prepared her to 
descend to the low rank she now occupies among the 
European nations ; and although free from royal ser¬ 
vitude, she is most miserable, half-starved and depop¬ 
ulated, from the effects of her frequent civil wars. 

At the same time the prospect of wealth excited a 
spirit of fortune-hunting emigration to the New 
World, equally unfavorable to the moral and intel¬ 
lectual advancement of the Spanish American col¬ 
onies. 

These effects have reached down to the present 
time. Hence those Republics of America which were 
formerly Spanish Colonies, though a full century in 
advance^ as to time of settlement, are now a full 
century behind the United States in everything that 
constitutes the prosperity, power, and gloiy of a na¬ 
tion. 


ENGLISH SETTLEMENTS. 

The enterprise of England, equally ambitious but 
less avaricious than Spain, sought to extend her 
power and greatness by planting Colonies on that 
part of the American Continent which she claimed 
by right of discovery. 


"What effect did the wealth of Mexico and Peru have on Spain ? 

-cb 













■o 


o--- 

16 GOVERNMENTAL 


After several unsuccessful attempts, her first per¬ 
manent settlement within the present limits or the 
United States, was made at Jamestown, on James 
River, in the State of Virginia, on the 23th of May, 
A.D., 1607. 

The number of these first settlers was one hundred 
and five. Many of them died soon after of sickness, 
but their places were in a short time filled by new 
emigrants. The prosperity of the colony was, how¬ 
ever, very much retarded by internal dissensions, and 
by the hostility of the Indians. 

These settlers were not mere soldiers, seeking for 
the conquest of golden Empires^ like the early Span¬ 
ish adventurers, but men of business; many of 
them from the higher ranks of society, in pursuit of 
a fortune, to be acquired by persevering industry. 

The next English colony in America, was founded 
at Plymouth, Massachusetts, on the 22d of Dec., in 
the year 1620, by one hundred and one persons. 
They were in pursuit of neither conquest nor riches^ 
but religious liberty. They belonged to the sect 
called Puritans^ who were then greatly oppressed by 
the English government. 

They came with two great objects in view; first, 
to escape English oppression; and secondly, to found 
a new Colony in the wilds of America, wheie both 


Where and when was the first permanent English settlement ? 
What was the niunber of the settlers? 

When and where was the next English settlement made ? 

What was the number of colonists ? 

To what sect did they belong? 

What two great objects had they in view 1 
-:- 


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Q- 


----o 

INSTRUCTOR. 17 

themselves and their descendants might enjoy equal 
civil and religious liberty. 

Therefore, as soon as they had prepared dwellings 
for themselves, they erected churches and school- 
houses, and commenced the cultivation of the land. 
Other settlements were soon after made in various 
places by new English emigrants, holding the same 
moral principles. Thus the industry, intelligenct, 
Christianity and enterprise of the early settlers, laid 
the corner stone of our present powerful Republic. 


SPANISH AND OTHER SETTLEMENTS. 

At this time Spain was tyrannizing over Holland. 
To escape from her tyranny a colony of Dutch came 
over in 1613, and settled on the banks of the Hudson 
river, at Albany, New York. As they settled on 
lands claimed by England, by ri^ht of discovery^ 
they were compelled to become subjects of the Eng¬ 
lish government. For the same reason a colony of 
Danes, who had settled at Bergen, in New Jersey, in 
1624, and a colony of Swedes and Fins, who com¬ 
menced a settlement at Cape Henlopen, in Delaware, 
were compelled to become subjects of England. 

In 1634, St. Mary’s, in Maryland, was settled b}^ a 
colony of Catholics, who were driven from England 
b}" the oppressive measures of Charles I. They too, 


Why were the Dutch settlers at Albany compelled to become 
subjects of the British Government ? 

When W21S St. Mary’s settled, and by whom ? 


•2* 







o- 

18 GOVERNMENTAL 

like the Protestants, founded their colony on the 
broad basis of civil and religious liberty. 

The Bourbon Kings of France oppressed their 
protestant subjects, and in 1663, a colony of French 
fled from their own “ vine-clad fields,” and commen¬ 
ced a settlement on the Mississippi river. The same 
causes continuing to operate in France, other colo¬ 
nists followed, who settled in different places in the 
Western and South Western States. 

The English, in the French and Indian wars 
which commenced in 1755, and ended with the 
peace of 1763, drove the French from a part of the 
territory they claimed, and the remainder of it was 
purchased of France by the United States, in 1803, 
for fifteen millions of dollars. 

Thus, the French claim to lands in North Amer¬ 
ica was extinguished, and the United States acquired 
undisputed title to that vast extent of count ry, then 
known by the general name of Louisiana. 

So, we perceive, that the attempt of England, Spain, 
and France, to crush the rising spirit of liberty in 
Western Europe, was the means of peopling tlie 
United States with a class of men whose love of 
freedom outweighed other considerations. 

Or, as one of the eminent writers of that day ex- 


What is said of a colony of French? 

When did the French and Indian war commence and end ? 

How was the French title to lands in America extinguished? 

How much did the United States pay for Louisiana? 

What was the effect of the attempt to crush the rising spirit of 
liberty in Europe ? 

What was said by a writer of that day? 

o-c 





c- 


---- 

INSTRUCTOR. 19 


pressed it—“ The Lord has sifted three nations for 
good seed to sow the wilderness.” 


OR)GIN OF THE REVOLUTION. 

The increasing prosperity and wealth of the Eng¬ 
lish colonies in America, at length began to excite the 
avarice of the mother country. 

With the hope of raising a revenue, she com¬ 
menced and continued a course of unjust and oppres¬ 
sive legislation, which cost her an expensive war of 
seven years, and ended with the loss of thirteen of 
her most valuable colonies. 

In 1651, she passed the Navigation Act, requiring 
all the Colonial trade to be carried on by English ves¬ 
sels, and soon after imposed heavy duties on all exports 
from the colonies. She prohibited all trade from one 
colony to another in home manufactured articles. 
She prohibited the manufacture of steel and iron. 
She would not allow a forge to be erected in 
America, and therefore the Colonists were com¬ 
pelled to send to England, at great expense, for all 
their steel and manufactured iron of every descrip¬ 
tion. 

The revenue derived by England, from aU of these 
several sources, finally amounted to ten millions of 
dollars, annually ; but she was still unsatisfied, and. 


What excited the avarice of the mother country ? 

What did the unjust legislation of England cost her? 

What did the Navigation Act require ? 

How great was the revenue paid to England before this act ? 

-o 


6 











GOVERNMENTAL 


o- 


20 


-O 


another mode of increasing her revenue was resolved 
upon, namely, taxation. 

Accordingly, in 1765, the “ Stamp Acf' was passed, 
imposing a tax on all mortgages, conveyances, wills, 
letters of administration, insurances, bills of lading, 
clearances of vessels, promissory notes, receipts, <fec.; 
in a word, upon every piece of paper or parchment 
used in the civil or criminal courts. The tax on a 
single paper of some kinds, was upwards of forty dol¬ 
lars. Newspapers and Almanacs were taxed double 
their cost. A single advertisement was taxed over 
forty cents. 

The news of the passage of this act, caused a 
universal burst of indignation through the colonies. 
Public meetings were held, and resolutions passed, de¬ 
nouncing the act. The officers who were appointed to 
distribute the stamped paper and collect the tax, were 
all compelled, by the people, to resign their offices. 

And when the paper arrived from England, the 
people would not allow any of it to be landed, so 
every piece of it was returned to England. 

When the English government found the Stamp 
Act could not be enforced, it was repealed. But its 
repeal was coupled with another Act almost as odious 


6 


What other mode was adopted to increeise her revenue ? 

When was the Stamp act passed ? 

On what did this act impose a tax ? 

What effect did the passage of this act produce in the colonies? 
What did the officers do whose duty it was to collect the tax ? 
What became of the paper? 

Was the Stamp act repealed? 

What other odious act was passed at the same time ? 


■c 












INSTRUCTOR. 


21 


to the people, declaring that Parliament had a right 
to bind the colonies in all cases whatsoever. 

In 1768, British soldiers were sent over, and sta¬ 
tioned in Boston, Massachusetts, to dragoon the 
Bostonians into what was called their duty.” 

England next imposed a burdensome duty on Tea, 
Glass, Painter’s Colors, &c. 

In 1773, three vessels laden with this taxed tea, 
arrived in the harbor of Boston. Immediately after 
its arrival some thirty persons, disguised as Indians, 
rushed on board the vessels and threw all the tea into 
the harbor. 

This occurrence so incensed Parliament, that in 
March, 1774, they passed the famous “ Boston Port 
prohibiting all trade with the city of Boston. 
By this bill the port of Boston was ordered to‘be 
closed, and goods of all descriptions were prevented 
from being either shipped or landed. 

These unjust and oppressive measures at length 
aroused the people, and a general meeting of all the 
colonies was called, to meet at Philadelphia on the 
4th of September, 1774, to consult for the common 
welfare and defence of the country. 

The breach between the mother country and her 
colonies was now rapidly widening; and on the 19th 
of April, 1775, the battle of Lexington was fought, 

-—.. . I 

When were British soldiers sent to Boston ? j 

On what was a duty next imposed? I 

What became of the tea which was brought to Boston ? j 

What bill did Parliament theji pass, and what prohibit? | 

When and where was a general meeting of the colonies called ' 
When was the battle of Lexington fought ? 













■o 


o- 

22 GOVERNMENTAL 

which commenced the great drama of the Revolu¬ 
tionary War. 

All liope of reconciliation with England was now 
abandoned, and on the 4th of July, 1776, the Con¬ 
tinental Congress, then assembled at Philadelphia, 
declared that “ these United Colonies are, and of 
right ought to be, free and independent States.” 

This act severed the thirteen American Colonies 
forever from England, and established a new nation 
which has since been known and recognized by the 
name of the United States of America. 

On the 3d of September, 1783, Great Britain en¬ 
tered into a treaty with the United States, by which 
she recognized their Independence, and relinquished 
forever all claim to them. 

Thus, all the title which England had to the ter¬ 
ritory comprised within the thirteen colonies, became 
then securely vested in the United States. 


NATURE AND ORIGIN OF LAWS. 

Were a man to live separate and apart from all 
other persons, like Robinson Crusoe, on the Island of 
Juan Fernandez, he would be independent of all hu¬ 
man governments, and all civil laws. He would 


When was the Declaration of Independence made ? 

When did Great Britain enter into a treaty with the U. States ? 
What became of England’s title to territory in the colonies ? 
Under what circumstances would a man be independent of all 
human governments? 


o 










INSTRUCTOR. 


9 


—o 

23 


have no social duties to perform and no human pun¬ 
ishments to fear. He would be absolutely free, in a 
liberal sense of the term. 

He could do anything he pleased, provided it was 
not contrary to the Divine law. But if another per¬ 
son were to join him, then reciprocal duties and mu* 
tual claims upon the assistance of each other would 
immediately arise. 

Each would be equally entitled to a share of the 
common bounties of nature around him. Each 
would be bound to rehnquish some portion of his wild 
natural liberty, for the common good of both. Each 
would have rights with which the other would be 
bound not to interfere. Neither could command or 
rule over the other without his consent; but both to¬ 
gether might make rules and regulations which both, 
and each would be bound to obey. 

Were they to be joined by a third person, the new 
comer would also be entitled to a portion of the gifts 
of his Creator, and he would likewise have a claim 
upon the sympathies and assistance of his compan¬ 
ions. Every new addition to their numbers would 
create new relations and new duties, and call for a 
surrender of another portion of their natural liberty. 

Thus, in proportion as the community became 
larger and larger, additional duties would continue to 


Would he have any social duties to perform? 

What one law would he be bound to obey? 

To what bounties would each be entitled ? 

To what would a third person be entitled? 

When must a person surrender a portion of his natural liberty ? 


■0 






GOVERNMENTAL 


o- 


24 


arise, and a new surrender of natural rights would 
necessarily follow. 

If there was but one person^ his AviU would be 
sovereign. If there were twoy or three^ or thousands 
or millions^ the united will of all would be sovereign, 
and every one would be bound to obey this united 
will whenever it was expressed. For the united will 
of all commanding any thing to be done^ or not to be 
done, is a law. And aU who have participated in 
enacting a law are parties to the contract, and are 
bound to abide by and obey it. 

But it is not necessary that every one should have 
concurred in passing a law, in order to make it bind¬ 
ing upon all. It is sufficient if it has been passed by 
a majority. Those who are opposed to it are as much 
bound to obey it, as those in favor of it, provided they 
belong to the same nation, and are included in the 
same political organization. For by entering into 
civil society, they have tacitly covenanted and agreed 
that tlie majority shall rule ; and they are not at lib¬ 
erty to nullify the contract at pleasure. The only way 
in which a minority can escape obedience to a law 
passed by the majority, is to rebel and form a new 
nation. 


If there is but one person what is sovereign ? 
If there are two or more what is sovereign ^ 
What is a law ? 

Who are bound to obey it? 

Upon whom is a law binding? 


c 


0 -- 











INSTRUCTOR. 


o- 


—Q 

25 


WHENCE THE RIGHT TO RULE IS DERIVED. 

When a community is large, or when dangers 
threaten, it becomes inconvenient for the whole peo¬ 
ple to assemble as often or as promptly as the exer¬ 
cise of the sovereign will may require. A nation of 
twenty millions, could not assemble together to enact 
a law, and yet every law must originate from the 
people. 

They therefore select from among themselves a 
small number of Representatives whom they author¬ 
ize to act in the name, and for the good of the whole. 
These few represent^ or stand in the place of the 
whole. 

The sovereign power which resides in the whole 
united, has, for the time being, and for the purposes 
specified, been delegated to these few. And this 
power can be exercised only in such a way, and so 
far, and for so long a time, as the will of the people 
has authorized. And any act done, or law passed by 
these representatives, is as binding on every one of 
the people as if it had been passed by the whole na¬ 
tion assembled in council. 

The ruler or law maker, is only the servant of the 
people, who are the true sovereigns. If any one who 


When a nation is large, how do they make laws ? 

What are those called who are authorized to act for the whole ? 

In what way and for how long a time, are Representatives to ex¬ 
ercise the power entrusted to them ? 

How binding are laws passed by Representatives ? 

Who are the true sovereigns? 

--I-C^i 


6 - 


3 






26 GOVERNMENTAL 

has not been chosen by the express act, or tacit con¬ 
sent of the people, assumes the right of ruling, or en¬ 
acting laws, no one is bound to obey him, or his laws. 
For the right to govern must arise from the consent 
of the governed. 

Though the right of governing may have been ex¬ 
ercised by a single family for centuries, witli the con¬ 
sent of the people of the nation, yet the people in 
their sovereign capacity, may at any time withdraw 
their consent, and then the ruler’s right to govern is 
extinguished. 

Thus, the people of England, having been ruled 
for several successive generations, by the Stuarts, at 
length resumed the sovereign power. And Chailes 
I. was not only hurled from the throne, but also de¬ 
prived of his life, and Oliver Cromwell was chosen 
chief ruler in his stead, under the new name of Pro¬ 
tector. 

But the family of Cromwell was afterwards de¬ 
prived of its princely power by the same sovereign 
will of the people, and the Stuart family was restored 
to the throne. 

Thus, also, the people of France, after having al¬ 
lowed themselves to be ruled over by a long line of 
hereditary Bourbon Kings, at length resumed the 
sovereign power, and Louis the XVI., was deposed 
and beheaded. So Bonaparte seized the sceptre, and 
having run his short and ambitious career, he was 


May the right of governing be in the same family for centuries ? 
V/hat is said of Charles I. ? 


6 


O 





O’ 


INSTRUCTOR. 27 

stripped of his power, and the Bourbons were restored 
to the throne. 

It matters not what may be the form of govern¬ 
ment ; the chief ruler may be called King or Queen, 
as in England ; an Emperor, as in Russia a Sultan, 
as in Turkey ; a Calif, as in Arabia ; or a President, 
as in the United States; his right to rule is derived 
only from the consent of the ruled. 

The mode in which this consent is expressed, is 
different in different countries. In England, and 
most other monarchial countries, the crown has been 
made hereditary, by an act of Parliament, and the 
order of its descent has been fixed. Therefore, upon 
the death of a King, the people express their consent 
to be governed by the successor designated by Law, by 
crowning him King. The simple act of crownmg^ is 
a mere ceremony performed by a few ; but the silent 
acquiescence, or open approval of the nation, is the 
act of the whole people ; and the new King thus 
commences his reign with the consent of the ruled. 

In the United States, the President is chosen every 
four years, by electors chosen by the people, which, 
though indirect, is yet a sure mode of expressing 
their consent. 


6 - 


What is the chief ruler called in England? 
What in Russia ? What in Turkey ? 
What in Arabia ? 

What in the United States ? 

Whence is a ruler s right to rule derived ? 
How is the consent of the ruled depressed ? 
How is it expressed in England ? 

How expressed in the United States ? 


■o 














o 


p--- 

28 GOVERNMENTAL 

In order to aid the chief ruler in ruling in accord¬ 
ance with the wishes of the people, most nations, in 
modern times, have adopted a Constitution and 
Code of Laws^ which they have bound themselves 
to obey, and by which the ruler has bound himself to 
govern. Thus, the United States, England, France, 
&c., have their constitutions and laws, which are re¬ 
garded by the people. 

In this constitution and code of laws is embodied 
the will of the people ; and if the ruler neglects or 
refuses to obey this will, or acts contrary to it, he for¬ 
feits his right to rule, and if he is a president may be 
impeached^ and if a king, or queen, may be de¬ 
posed. 

When George III., the King of Great Britain, en¬ 
croached upon the constitutional rights, and chartered 
privileges of the American Colonies, he forfeited his 
right to rule oven them, and they were no longer 
bound to recognize or obey him. They, therefore, 
threw off all allegiance to the British crown, and de¬ 
clared that they “ Were, and of right ought to be, 
free and independent states.” 

We have said that England claimed most of the 
land now contained within the present limits of the 
United States, by right of discovery ; and that such 
a right was considered by the European powers as 


Wliat Havre most nations adopted which they are bound to obey ? 
In what is the will of the people embodied ? 

What if a ruler acts contrary to the constitution and laws? 

What example is {riven ? 











o- 


- ^- -- , - (^ 

INSTRUCTOR. 2^ 

furnishing a valid title. All persons, therefore, who 
settled on this land, so claimed, became subjects of 
the English Government, and a part of the British 
Empire. 

The king of England, by instruments of writing 
called charters^ granted certain rights and privileges 
to the several American Colonies, allowing them to 
form legislatures of their own, and to pass all local 
laws necessary for their own preservation and conve¬ 
nience, pravided they were not in opposition to the 
general laws of the British Empire, which were to be 
considered as supreme. 

The king also appointed governors for some of the | 
colonies, as his representatives to sign the laws passed 
by the colonial legislatures, and thus give them valid¬ 
ity ; and also to exercise the executive authority in 
his name. 

The colonies were therefore not only subject to the 
laws passed by their own colonial legislatures, but 
also were bound to obey the acts of parliament, which 
were expressly applied to them. 

Each colony, though a part of the same empire, 
was independent of the other. There never was any 
political connexion between them except such as re¬ 
sulted from their common origin, common sufferings 
and common sympathies. 


Why did the early settlers of the American colonies become sub¬ 
jects of England ? 

What rights did the king grant by charters? 

By whom were the governors of the colonies appointed ? 

I'o what two kinds of laws were the colonies subject? 

What was the relation of the colonists to each other? 

o- 


3 * 
















D— 
I 30 


GOVERNMENTAL 


ORIGIN OF THE CONTINENTAL CONGRESS. 

til times of common danger, the colonies often 
chose delegates to meet in convention, and consult j 
for the common welfare. The result of their deliber¬ 
ations was expressed in resolutions and recommenda¬ 
tions. For, as no legislative power was granted to 
them, they could enact no law. Such a convention 
possessed neither nationality nor sovereignty. And 
yet, so great was the confidence of the people in the 
wisdom and patriotism of those men, thus assembled 
in convention, that their recommendations were gen¬ 
erally immediately adopted by the legislatures of the 
several colonies. 

In 176.5, a convention of the colonies was called, 
by a resolution of the assembly of Massachusetts, to 
consult upon the difficulties in which they were in¬ 
volved, by the encroachments of the British Govern¬ 
ment upon their constitutional rights and chartered 
privileges. 

Delegates were chosen by nine of the colonies, 
who met in the city of New York, in October of the 
same year, and set forth their grievances in a memo¬ 
rial, petitions, &c., which were signed by the dele¬ 
gates from six of the colonies ; the other delegates 
did not sign, not having been instructed. 


In times of danger what did the colonies do ? 
Why could these conventions pass no laws ? 
What did the legislatures of the colonies do ? 
When was a conventicAi of colonies called 1 
IIow many colonies chose delegates? 


O' 


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----—o 

INSTRUCTOR. 31 

Those colonies which had not sent delegates, after¬ 
wards adopted the same sentiments hy resolutionsy 
warmly approving of the proceedings of this first 
Continental Congress. 

This was merely a deliberative congress of sepa¬ 
rate colonies j no one of which, nor any number of 
which, had any power to bind any other, or each 
other, or to enforce obedience to any one of their own 
enactments. 

The sovereign power still remained in the king, 
and each of the colonies separately. 

The dispute between the colonies and the mothei 
country becoming warmer and warmer, a secoad 
Continental Congress was resolved upon by the seve¬ 
ral colonies. Accordingly, on the 5th of September, 
1774, delegates from eleven of the colonies met at 
Philadelphia. 

They met, as did the first congress, to deliberate 
and recommend. And so great was the common 
dangei;, and so strong the confidence of the people in 
this congress, that their recommendations were obey¬ 
ed as promptly as if they had been laws with penrJ- 
ties for their disobedience annexed. 

The business for which they had assembled having 
been transacted, this congress adjourned in October, 


What power had this first continental congress? 
Where did the sovereign power still remain ? 
When and where did the second congress meet? 
How n any colonies sent delegates? 

For what did this congress meet"^ 

WTiat is said of the confidence of the people ? 






?— 

32 


O 


GOVERNMENTAL 

having resolved to meet again on the 10th of May, 
1775, if the situation of the colonies should seem to 
require it. 

The long train of abuses practised upon the Amer¬ 
ican colonies by the British government, had now 
reached a point beyond which forbearance ceased to 
be a virtueand the people having tried unsuccess¬ 
fully all other modes of appeal, now appealed to 
arms. And on the 19th of April were fought the 
battles of Lexington and Concord. 

The situation of the country being more critical 
than ever, congress re-assembled at Philadelphia on 
the 10th of May. All of the thirteen colonies sent 
delegates to represent them in this congress. The 
whole number of delegates was sixty-four. 

The delegates from each colony were clothed with 
more power than before, having been authorized by 
the colonies which they represented, to transact 
all business necessary for the common good of the 
country. 

One of the first important acts of this congress was 
the electing by unanimous ballot, of George Washing¬ 
ton Commander-in-chief of all the forces, on the 15th 
of June, 1775. 

Two days afterwards the battle of Bunker Hill 


Oil what conditions did tliis conf^ress adjourn to meet again ? 
Wliat was the last appeal the people made ? 

II )W many colonies sent delegates to this congress? 

What power had the delegates? 

Who was elected commander-in-chief? 













9 --- 

INSTRUCTOR. 33 

was fought, which put an end forever to all hopes of 
reconciliation with Great Britain. 

A committee of were appointed by congress as 
early as the 11th of June, to prepare a Declaration of 
Independence. The committee consisted of Thomas 
Jefferson, John Adams, Benjamin Franklin, Roger 
Sherman, and R. R. Livingston. It was proposed 
that each member should draft a paper according to 
his owm feelings and sentiments, and submit the 
same to the consideration of the committee, and that 
the draft which seemed to embody sentiments most 
congenial to the feelings of the whole, should be 
adopted by the committee. 

- Mr. Jefferson’s was the first production read, and 
it so fully met the views of the other members of 
the committee, that it was at once adopted. So the 
Declaration thus agreed upon was presented to, and 
approved by congress, and publicly proclaimed on the 
4th of July, 1776, declaring the united colonies to be 
free and independerii States. 


DECLARATION OF INDEPENDENCE. 

From the moment that the Declaration was pub¬ 
lished, the thirteen colonies ceased to form a part of 
the British Empire, and became thirteen sovereign 


When way the declaration of independence made ? 
Who were the committee appointed to draft it ? 

Who penned the declaration of independence? 

From that moment what did the colonies cease to he ? 
And what did they become ? 


o 


■D- 







GOVERNMENTAL 


o— 

34 


~o 


States, owing no allegiance to each other, nor to any 
other government whatever. ^They were thirteen 
separate, independent nations, each possessing all the 
power of self-government and absolute sovereignty. 
This Continental Congress thus became in fact a 
Congress of Nations. 

But the Declaration of Independence was only a 
formal declaration to the world of that which had al¬ 
ready in effect been done separately by each of the 
colonies. For previous to the declaration, four of the 
colonies had adopted constitutions, and become in¬ 
dependent states; and a fifth colony was forming 
a constitution. The remaining colonies had ceased 
to recognize or obey the authority of Great Britain. 

Thus it appears, that the political connexion be¬ 
tween Great Britain and each of the thirteen colonies 
had, in reality, been completely severed before the 4th 
of July, 1776. 


RECAPITULATION. 

We have seen that sovereignty is the natural gift 
of the Creator to man; that men when they become 
members of civil society, yield up a part of their nat¬ 
ural rights, still retaining their sovereignty as to the 
exercise of the remainder; that the sovereign power 
in a nation is the united will of the people; that the 
people of each nation owe allegiance to the sov¬ 
ereignty of their own nation and to no other ; that a 


What had taken place previous to the declaration ? 

-o 














o 

INSTRUCTOR. 35 

nation or body of men may appoint any person, or 
persons to act in their stead, and that all acts so done 
in pursuance of that trust are as binding upon ihe 
jxiople as if done by the united voice of the whole 
nation assembled together; that part of the sovereign 
ty of the American colonies was vested in the king 
and parliament of Great Britain and a part of it re¬ 
tained in their Provincial Assemblies ; that there v as 
no political connexion between the several colonies ; 
that when each of the colonies assumed to itself that 
part of the sovereign power formerly vested in the 
king and parliament, it became a free and indepen¬ 
dent state ; and that the Continental Congress be¬ 
came, therefore, a Congress of Nations. 


‘ ARTICLES OP CONFEDERATION. 

In the infancy of the colonies, the fear of Indi.nn 
depredations often called the people together in con¬ 
ventions. From these small beginnings, as we have 
seen, finally arose the Continental Congress, and the 
Articles of Confederation sprung from the Continental 
Congress; and our present glorious Constitution 
sprung from the Articles of Confederation. Our Con¬ 
stitution is, therefore, the result of a long course of 
gradual improvements suggested by the necessity of 
the case. 


Ill the infancy of the colonies what called the people together hi 
conventions ? 

What is our constitution the result of? 

-—-o 


0 














The Continental Congress above mentioned, con¬ 
tinued through tlie Revolutionary war. Great incon¬ 
venience was experienced on account of the want of 
power to enforce obedience to measures necessary for 
the safety and defence of the country. Dissatisfaction 
also arose by reason of each state having but one 
vote, as thereby a small state had as much inliuence 
in the congress as a large one. They were separate 
independent nations, and as long as they remained 
so, could not well meet on any other principle, con¬ 
sistently, than perfect equality in all respects. 

To remedy these evils, a committee was appointed 
immediately after the declaration of independence, to 
prepare Articles of Confederation^ to be entered into 
between the several colonies. The report of this 
committee was adopted by congress on the 15 th of 
November, 1777. 

But these articles possessed no binding force till 
they were approved and adopted by each of the states 
separately. Eleven of the states adopted the articles 
in 1778, one, in 1779, and the thirteenth and last, in 
1781. 

All the states having ratified the Articles of Con¬ 
federation, a new nation was thus formed under the 
name of the United States of America. This new 
government went into operation on the 23rd of 
March, 1781. 


What difficulties did the continental congress experience ? 
Why were the large states dissatisfied ? 

What was done to remedy these evils ? 

When did the articles of confederation become binding? 
When did the articles of confederation go into operation ? 


n. 


O 










INSTRUCTOR. 


-O 

37 


P 


All the powers not conferred by the states on this 
general government, remained in the states, so that 
each state was still sovereign as to all its local in¬ 
terests. 


Although far greater power was granted to the 
confederation, than had been conferred upon the pre¬ 
vious congress, yet its power was ^^till too limited to 
answer all the purposes of a National Government. 
The bond of union was too feeble. It was a mere 
league or alliance of sovereign states, and not a con¬ 
solidated government. The congress of the confed¬ 
eration acted under the power and authority of state 
legislatures only. They could not act directly upon 
the people, but could reach them only by requisitions 
to be enforced by the state laws. Such a govern¬ 
ment must ever have been weak and inefficient, and 
subject to dangerous delays, and numberless other in¬ 
conveniences, arising out of its peculiar position. 

The people having experienced many of these 
evils, and having foreseen many others, resolved to 
make a still farther improvement, by adopting a Con¬ 
stitution which would give a stronger and more con¬ 
solidated form of government. 


What became of the powers not conferred on the general govern¬ 
ment ? 

What were the objections to the articles of confederation ? 


c> 


4 


■0 












■o 


38 


GOVERNMENT AI. 


ADOPTION OF THE CONSTITUTION. 

Hitherto the several states had acted only as sepa¬ 
rate nations allied tog-ether. It was now proposed 
that the people of each and ^11 of the states should 
unite themselves together under one National Gov¬ 
ernment. 

Therefore, the people of the several states, by vir¬ 
tue of the sovereign powers given to them by their 
Creator, chose representatives, who met and prepai ed 
a Constit'iition. 

This constitution was submitted to the legislatures 
of the several states, and the legislatures called con¬ 
ventions of the people in each of the several states 
for the adoption of it. 

By the Seventh Article of the Constitution, the 
ratification of the conventions of nine states, es¬ 
tablished it between the states, so ratifying, and con¬ 
stituted them a nation. 

The preamble of the constitution declares that 
“ We, the People of the United States, in order to 
form a more perfect union,” (fee.,—“ Do ordain and 
establish this constitution for the United States of 
America.” Now the adoption of the constitution was 


How had the several states acted hitherto ? 

What was now proposed ? 

By whom was the constitution prepared ? 

To whom was it submitted'? 

By whom was it adopted? 

How many states were to ratify the constitution before it could 
go into operation ? 


-0 








o 


INSTRUCTOR. 39 

ijot tlie act of all the people of the United States, 
acting at once, and as the people of one vast nation, 
but it was the act of the people of each state sep¬ 
arately. 

At first, the people of only one state adopted it, 
and it read then as it reads now, “ We, the People of 
the United States,” &c., but all “ the ^eopy^ who 
Iiad then adopted it, were the people of one single 
state. At that time not one of the other states had 
adopted it, and the term, “We, the People,” could 
not include the people of any of the remaining 
twelve states, for they were not yet parties to the 
constitution. They were still independent nations. 

When the people of the second state adopted the 
constitution, they adopted it as the people of one 
state alone. They could not adopt it in conjunction 
with the one state which had already adopted it, for 
that would make tlie first state adopt it twice. They 
could not adopt it in conjunction with any or all of 
the remaining eleven states, for they had not yet 
acted at all. They could, therefore, adopt it only as 
the people of a single state. 

They too, adopted the whole constitution, with its 
preamble, saying, “We, the People of the United 
States, in order to form a more perfect union,” &c. 
When the people of the second state had adopted it, 
then “ We, the People,” included the people of both 


In what way was the constitution adopted ? 

How did the people of the next state adopt the constitution ? 

Who composed tlie p^^ople of the United States when only two 
states had adopted the constitution ? 


o 


c 










o 


40 GOVERNMENTAL 

states, notwithstanding the people of one state had 
adopted it hist. 

In the same way the people of the third state 
adopted the constitution, and thus hecame part of 
“ We, the People of the United States.” So, also, 
the people of each successive state adopted it, till the 
ninths when, by the Seventh Article, the Constitution 
was established as the government of these nine 
states, who then composed the “United States of 
America.” And “We, the People of the United 
States,” then included the people of these nine states, 
and no more. The then remaining four states, 
adopted the constitution in the same manner as the 
previous nine. And when they had so adopted it, 
they were on equal footing with each and all the rest. 

By the Third Section of Article Fourth of the 
Constitution, new states may be admitted into the 
union by a vote of congress. In accordance with 
this section, new states have been successively admit¬ 
ted to the number of twenty four, so that now, 1781, 
the number of states is thirty-seven, over twice the 
number of the original thirteen. Therefore, “ We, 
The People of the United States,” now includes 
the p)eople of the thirty-seven states, as now organ¬ 
ized. 

There is still a large tract of territory belonging to, 
and under the government of, the United States. 


O- 


Did all the orig^inal tlUrteen states adopt the constitution ? 
How were new states to be admitted ? 

How many new states have been thus admitted ? 

How large is the whole number of states now ? 


.b 












y-- 

INSTRUCTOR. 41 

All the people residing on this territory are subject to 
the government of the United States. This terri¬ 
tory has been sub-divided for the purposes of govern¬ 
ment. One tract is called the Territory of Dakota, 
another, the Territory of Wyoming, &c. 

When the people of any one of these territories 
are sufficiently numerous, and apply to congress for 
admission, they may be admitted into the Union as 
another new state, in the same way that the twenty- 
four new states have already been added to the 
thirteen original states. 

In the same way new states may continue to be 
formed, from the territory lying west of the Missis¬ 
sippi, till all may be formed into stales, even to the 
mouth of the Columbia River. And then, “ We, the 
People of the United States,” will extend in one un¬ 
broken jnass from the Atlantic to the Pacific, under 
definite forms of government. 


POWERS OF THE GOVERNMENT. 

We have seen that the states became by the Dec¬ 
laration of Independence, free and independent na¬ 
tions ; and that the people of the several states by 
the exercise of their own sovereignty,"adopted a con¬ 
stitution, and thus united the states under one Na- 


Under what government are the inhabitants of the territories be¬ 
longing to the United States? 

How can the people of a territory be admitted into the union as a 
state? 


n 


4’ 








o- 

42 


GOVERNMENTAL 


tioiial Government. All the powers, therefore, pos¬ 
sessed by the government of the United States, are 
derived through the constitution, and were granted 
by the states, or rather by the people of the stales. 

These powers are of three kinds, Legislative^ Ju¬ 
dicial^ and Executive^ which are called the three co¬ 
ordinate branches of the government. Upon these 
three great powers all governments rest. 

The Legislative power, is the power of making 
lawsy and is sometimes exeicised by one man, as in 
absolute monarchies, and sometimes by a number of 
men, as in limited monarchies, and sometimes by the 
people themselves, as in republics. In some countries 
it is vested in two assemblies, called houses or cham¬ 
bers, who act separately. 

The Judicial powery is the power of administer¬ 
ing justice according to the laws, and the persons ap¬ 
pointed for that purpose, are usually called Judges. 

The Executive powcVy is the power of executing 
the laws, which is vested in the chief ruler of a na¬ 
tion, and those authorized by him. In the United 
States, executive power is vested in the President. 
In monarchical governments it is vested in a king. 


Whence are the powers of the government of the United States 
derived ? 

Of how many kinds and what are they ? 

What is the legislative power? 
liy whom is it exercised? 

What is the judicial power? 

What are those persons called who perform that duty ? 

What is the executive power ? 

j In whom is the executive power vested in the United States? 

O 


■o 













INSTRUCTOR. 


;> 



Sometimes these three great powers are exercised 
by one and the same person. Such a government is 
called a despotism,. 

i Thus, Darius established a decree, that if any one 
asked a petition of any god or man for thirty days, 
except of the king, he should be cast into the den of 
lions. This was a legislative act. 

Daniel was soon after brought before the same 
Darius, who heard the evidence, and pronounced sen¬ 
tence against him. This was a judicial act. 

Then the king commanded Daniel to be brought 
and cast into the den of lions. This was an execu¬ 
tive act. 

Therefore, the whole sovereignty of the Medo-Per- 
sian Empire was invested in this one man, king Da¬ 
rius. His government was therefore a despotism. 

If these three great powers are exclusively vested 
in the principal persons of the state, such a govern¬ 
ment is called an aristocracy. Such was the gov¬ 
ernment of Athens, when under the thirty tyrants. 

If these powers are exercised by the people them¬ 
selves, and those appointed by them, the government 
is a democracy. 

In the constitution of the United States, the three 
great powers are intrusted to separate persons, and 
are entirely distinct from each other, or nearly so. 


Are the three great powers of government ever vested in one 
person ? 

What example is given ? 

What is an aristocracy ? 

How are the three great powers distributed in the constitution of 


the United States? 












I 44 GOVERNMENTAL 

' Liberty of tlie people can exist only where these pow¬ 
ers are thus kept distinct. 

If either one of these three great powers encroaches 
upon the others, liberty is in danger. And the result 
is equally dangerous, whichever of the powers ab¬ 
sorbs the other. 

If the judicial power absorbs or encroaches upon 
the executive or legislative, or if the legislative en¬ 
croaches upon the executive or judicial, the result is 
as fatal to liberty as if the executive absorbed the ju¬ 
dicial and legislative. 

liiberty can only be preserved by having these 
three great powers intrusted to different persons, who 
are wholly independent of each otlier. And yet, they 
should not be absolutely disconnected, but should be 
so arranged as to operate as a check upon each other. 

liet us examine each of these powers separately. 
And first, as to the legislative power. 


CONGRESS. 

All the legislative or law-making power granted 
by the constitution of the'United States, is vested 
m a congress. This Congress is composed of two 


What is the effect if one of these powers encroaches upon the 
others ? 

How only can liberty be preserved ? 

In what is the lejrislative power in the United States vested? 

Of how many branches is congress composed? j 

--------—-c 












INSTRUCTOR. 


—c 

45 


p 


branches, one of them is called the Senate, and the 
other the House of Representatives. 

These legislative branches are separate and inde¬ 
pendent bodies, and yet every act of the United 
States must pass both branches before it can become 
a law, and, in ordinary cases, it must also receive the 
signature of the president. 

The two branches of the legislature operate as a 
check on each other, and thus tend to prevent the 
encroachment of the legislati\ie upon the other pow¬ 
ers. 

This division of the legislature prevents rash and 
hasty legislation, for after one branch has passed an 
act, it must go to the other branch, and there too 
must it pass before it can become a law. This gives 
time for reflection and examination, and cool and 
candid investigation. If one branch passes an inju¬ 
dicious act, the other branch may refuse to concur, 
and thus the act is prevented from becoming a law. 

This division of the legislative power, also prevents 
demagogues from acquiring that influence which 
they otherwise would acquire. For, however much 
influence one might gain in one house, it would be 
next to impossilde that he could exert a similar influ¬ 
ence in the o^her house. 


What are they called'? 

Must every law of the United States pass both houses? 

How do the two branches of the legislature operate as to each 
other ? 

What other advantages are mentioned? 


c 













c— 

46 


GOVERNMENTAL 


•g 


HOUSE OF REPRESENTATIVES. 

A Representative is one who represents another, 
that is, stands in his place, acts in his name, and for 
him, and does every thing which he himself could do 
if he were present. And the one in whose name he 
acts, is as firmly bound by his acts as if they were 
done by himself. It would be impossible for all the 
people of the United States to meet together and pass 
laws. All laws of the United States, are therefore 
necessarily made by Representatives^ that is to say, 
by the Senate and House of Representatives in Con¬ 
gress assembled. The latter body representing the 
people directly, and the former body representing the 
states directlyy and the people indirectly. 

At present, each state sends one representative for 
every 126,823 inhabitants. The peo^fie meet on a 
day, and at places appointed, and vote directly for 
persons to represent them in the house of representa¬ 
tives. These representatives, therefore, are chosen 
directly by the people, and are responsible to tliem 
for the manner in which they perform their duty. 
For they act in the place of the people, and all con¬ 
stitutional acts done by them, are as much the acts 
of the people, and are as binding upon all, as if they 
were passed by the whole nation assembled together. 


What is a representative ? 

How are all laws of the United States passed ? 

Do tlie Senate and house both represent the people ? 

Are the acts of representatives binding on the people whom 
they represent? 


6 - 














o 


■9 

INSTRUCTOR. 47 

The ratio of representation has varied with the in¬ 
crease of population. At first, the house was com¬ 
posed of only 65 members. In 1793, it was com¬ 
posed of 105 members^ that is, one for every 33,000 
inhabitants. In 1803, it was composed of 141, one 
for 47,700. In 1854, of 234, one for 93,423, and in 
1868, of 243, one for 126,823. 
for 47,700. In 1854, of 234, one for 93,423, which 
is the present ratio of representation. 

The representatives are chosen for two years. 
They may then be re-elected for another two years, 
and so on, as long as the people of the districts which 
they represent choose to re-elect them. 

Every one who is entitled to vote for a representa¬ 
tive to the legislature of the state in which he re¬ 
sides, is also entitled to vote for a representative to 
congress. 


QUALIFICATIONS OF REPRESENTATIVES. 

In order to prevent improper persons from being 
elected as representatives, the constitution has speci- 


How has the ratio of representation varied ? 

Of how many members was the house at first composed? 

Of how many members is the house now (1871) composed ? 
What is now (1871) the ratio of representation ? 

For how long are representatives chosen ? 

Can they be re-elected? 

Who is entitled to vote for representatives to congress ? 


■O 












^-p 

48 GOVEIINBIENTAL 

lied certain qualifications which the candidate for that 
office must possess. 

1. He must be twenty-five years of age. Extreme 
youth is not often possessed of the wisdom and ex¬ 
perience necessary for the judicious exercise of so im¬ 
portant a trust. 

2. He must have been seven years a citizen of the 
United States. For persons born under foreign gov¬ 
ernments and becoming citizens of the United States, 
by naturalization, cannot reasonably be supposed to 
have become sulhciently familiar with, and attached 
to, our institutions in a shorter period. 

In England, the law is still stronger against natu¬ 
ralized citizens, for there, no alien, though naturalized, 
can be a member of either house of the British Par¬ 
liament. 

3. He must, when elected, be an inhabitant of that 
state in which he shall be chosen. A representative 
should be personally acquainted with the condition 
and wants of his constituents. 

There is no property qualification required, nor is 
there any religious test. The poorest may aspire to 
the office as well as the richest. 


Of what age must a representative be? 

Why? 

How long must he have been a citizen of the United States? 
Why? 

What is tlie law of England as to representatives? 

Where must a representative reside? 

I Why ? 

Is there any property (jualification or religious test? 











INSTEUCTOR. 


—O 
49 


Q—^ 


Representatives and direct taxes are apportioned 
among the states according to their numbers, but 
though thus apportioned, they are not in any way 
connected with, or dependent upon, each other. 
The territories have no representatives in Congress, 
but each organized territory is entitled to a dele¬ 
gate, who has the right to debate on subjects in 
which his territory is interested, but is not entitled 
to vote. The territories are subject to taxation the 
same as states. Each state is entitled to at least 
one representative. Several of the states have, at 
present, but one representative each. These are 
either small states, as Delaware, or, if large states, 
they have not a sufficient number of inhabitants to 
entitle them to more than one representative each. 
New York has 31 representatives, which is the largest 
number any state now has. The Act of May 23,1850, 
fixed the number of representatives at 233, and the 
ratio of representation, as ascertained under the cen¬ 
sus of 1860, was, as we have already seen, 126,823 ; 
but by the Act of March 4, 1862, the ratio was 
changed, and the niunber of representatives in¬ 
creased from 233 to 241, by allowing one additional 
representative to each of the eight states having the 


How are representatives and direct taxes apportioned ? 

Are representatives and taxes dependent ujwn each other? 
Are there any persons in the United States who are taxed 
hut not represented ? 

What is the smallest number of representatives a state can 
have ? 

Which state now has the largest ? 


o 


-o 





o— 
50 


■O 


GOVERNMENTAL 


largest fractional number over the apportionment. 
On the admission ot Nevada and Nebraska, both of 
these states had one representative each, giving to 
the house of representatives as now organized (1871) 
243 members, exclusive of the delegates from the 
territories. 

If a vacancy happens in the representation by 
death, resignation, or otherwise, the executive of 
the state may issue a writ of election to fill the 
vacancy. 

The house of representatives chooses its own 
speaker and other officers. The house also has the 
sole power of presenting a person for impeachment. 


SENATE. 

We have said that the legislative power in the 
government of the United States is vested in a con¬ 
gress, and that congress is composed of two branch¬ 
es, the house of representatives and the senate. We 
have already spoken of the house; let us now ex¬ 
amine the senate. 

The senate of the United States is composed of 


Are there any representatives allowed for the fractional num¬ 
bers? 

How many such are there now? 

How are vacancies in the house filled? 

How is the speaker of the house chosen ? 

What part does the house take in impeachments ? 

Of what is the senate of the United States composed? 


Q 


■G 










I 


--- 

INSTRUCTOR. 51 

two senators fronn each state. The present number 
of senators is, therefore, seventy-four. Each senator 
has one vote. The numerical power, therefore, of all 
the states, great and small, is equal in the senate. 

1 hus, the little state of Rhode Island has two 
senators, and the large state of New York, with 
over twenty times as many inhabitants, has no 
more. The senate, in some respects, resembles a 
congress of nations. 

If the large states out vote the small ones in the 
house, the small ones have an equally disproportionate 
influence in the senate ; so that one legislative branch 
counterbalances and checks the other. x 


SENATORS, HOW CHOSEN. 

The senators are not chosen directly by the people, 
but are elected by the legislatures of the several 
states. The j^eople vote directly for members of their 
own state legislatures, and the members of the state 
legislatures vote directly for the senators. The sen¬ 
ators are therefore the representatives of the state 
governments. 


What is now (1854'> the number of senators ? 

Is the power of each state equal in the senate? 

What does the senate resemble ? 

Do the large, or the small states have the advantage in the 
senate ? 

W'hich has the advantage in the house? 

How are the senators chosen? 

What do the senators represent? 

-o 







■9 


o -— 

52 GOVERNMENTAL 

The time for which the senators are chosen is six 
years. Being elected for so long a period, and being 
tile direct representatives of the states themselves, 
the senate is necessarily a very important body. 
Each senator feels as if the interests of his own 
state were intrusted to himself and his co-senator. 
And the eloquent and powerful arguments which 
have been made in the senate on questions of state 
rights, prove the zeal and fidelity with which the 
senators have labored for the interests of their re¬ 
spective states. 

The length of time for which they hold their of¬ 
fice, affords the senators an opportunity of becoming 
well acquainted with the mode of transacting busi¬ 
ness. It also renders the government of the United 
States less vacillating and changing than it would 
be if the term of office was shorter. This is of great 
consequence in entering into commercfal relations 
and treaties with foreign governments, business 
which necessarily devolves, in part, upon the senate. 

The senators are divided into three cl5,sses, so that 
- they do not all go out of office at once, but one-third 
go out every two years, and a new third are elected 
to fill their places. 

If a vacancy occur in the senate, by resignation or 


For what time are the senators chosen ? 

Why do questions of state rights originate in the senate rather 
than in the house ? 

What advantage is tliere in having the term of senators so long? 
How is the senate divided? 

How many go out of office ever}’^ twr rears '; 






^ INSTRUCTOR. 53 

Otherwise, during the recess of the legislature of the 
state, the executive of the state makes a temporary 
appointment till the legislature meets. 


aUALIFICATIONS FOR H SENATOR. 

1. To be a senator, a person must be thirty years 
of age. The senate being a smaller, and in some re¬ 
spects a more important body than the house, and 
the interests of the states being intrusted to it,* the 
experience of mature years appears to be a necessary 
qualification. 

2. To be a senator a person must have been nine 
years a citizen of the United States. Nine years 
residence is not sufficient. He must have been nine 
years a citizen. The senate participates in the 
transactions of the government with foreign nations. 
It is not to be supposed that foreigners coming to the 
United States and being naturalized would lose theii 
attachment to their native land, and become suffi¬ 
ciently identified with the interests of their adopted 
country until after nine years citizenship. 


How are vacancies in the senate filled during the rec*i.i» of 
legislature ? 

What is the first qualification for a senator mentioned ? I 

Why should he be thirty years of age? 

What is the second qualification mentioned ? 

Why is it necessary he should be nine years a citizen ? 

--(S 


o 


5 














GOVERNMENTAL 


3 — 

I 54 


<? 


3. To be a senator, a person must be an inhabit¬ 
ant of the state from which he is chosen. He should 
not only be familiar with the condition and wants of 
the state, but should have a personal interest and re¬ 
sponsibility in all measures affecting the rights of the 
states. 

As in the case of representatives, so in the case of 
senators, no religious test or property quahfications 
are required. 

The Vice President of the United States is the 
President of the Senate. He has no vote, unless 
there is an equal division, and then he gives the cast¬ 
ing vote. 

The senate chooses all its other officers, and also a 
President pro-tempore, in the absence of the Vice 
President. 


IMPEACHMENTS. 

The senate has the sole power to try all impeach¬ 
ments. 

The house has the sole power of presenting all 
persons for impeachment, and the senate has the sole 
power of trying them. 


What is the third qualification mentioned? 

Why? 

What is said of religious test and property qualifications ? 
Who is the president of the senate ? 

Has he any vote? 

When does the senate choose a president pro tempore ? 
What power has the senate in impeachments? 
hat power has the house ? 











o 


Q 

INSTRUCTOR. 55 

The house, like a grand jury, finds a bill against a 
person, in other words, the house is the accuser, and 
the senate, like a court, tries the accused, and passes 
judgment upon him. This judgment of the senate 
extends only to removal from office. But, if the sen¬ 
ate thinks proper, it may add a disqualification ever 
afterwards, to hold any office of honor, profit, or trust, 
under the United States. 

The person impeached, is also liable to be indicted, 
tried and punished for the same offence, according to 
law. 

The power of trying impeachments, which is a 
judicial act, we have said is intrusted to the senate, 
and yet the senate is a legislative body. This is 
then, a slight intermingling of the legislative and 
judicial powers. But it is rather advantageous 
than otherwise. 

The senate is the most suitable body in the Uni¬ 
ted States for the trial of such cases. It is composed 
of men of mature age, of distinguished talents, and 
of experience, of men, in whose wisdom and integrity 
the whole union has confidence. It is a body suffi¬ 
ciently large to judge wisely, and sufficiently small to 
judge coolly. 

The senators being elected by the legislatures, are 
I not directly responsible to the people, and. are there- 
l 


How far does the judgment of the senate extend? 

Can a person who is impeached be indicted for the same offence ? 
Is trying an impeachment a legislative or judicial act? 

Why is the senate the most suitable body for the trial of impeach- 
^ meuts ? 

o— 


■c 













o 


o-^- 

56 GOVERNMENTAL 

fore in a great measure, independent of local influ¬ 
ences. 

They are also political men, acquainted with all 
the duties and rights of public officers, and the of¬ 
fences for which a person may be impeached, are 
offences “ committed by public men in violation of 
public trust and duties.” 

The house would not be a suitable body for the 
trial of impeachments, for its numbers are too large. 
And besides, they are the direct representatives of 
the people, and, therefore, subject to local influences. 

The Supreme Court of the United States is too 
small a body to be intrusted with the trial of im¬ 
peachments, and besides, the same person might also 
come up before that court on an indictment, and thus 
he might be tried twice for the same offence, by the 
same tribunal. 

The senate, when sitting as a court of impeach¬ 
ment, must be on oath or affirmation, as is custom¬ 
ary with all civil and criminal courts. 

If the President of the United States should be 
tried, the Chief Justice of the United States would 
preside. He is the head of the judicial department, 
and therefore the most suitable person to preside 
when the executive of the nation is on trial. 


What are the offences for which an officer may be impeached? 

Why would not the house be a suitable body to try an impeach¬ 
ment ? 

Why would not the Supreme Court of the United States be a suit¬ 
able body? 

If the President of the Thiited States were to be tried, who v/ould 
preside ? 


o- 


—o 










o— 



No person can be impeached without the concur¬ 
rence of two-thirds of the members present. 

In England, the House of Lords impeaches,or ac¬ 
quits by a mere majority. 

The President, Vice President, and all other officers 
of the United States, whether executive or judicial, 
except officers in the army and navy, are liable to 
impeachment. 

No representative or senator is liable to impeach¬ 
ment. 

The time, place, and manner of holding elections 
for representatives is prescribed in each state by the 
legislature thereof, but congress has prescribed the 
time and manner of choosing senators of the United 
States. 

Congress meets regularly once a year, at Washing 
ton, on the first Monday of December, until a dilfer 
ent day is appointed. 

An extra session of congress may be called on ex 
traordinary occasions, by proclamation of the Pres 
ident of the United States. 


How many ineml)ers must concur in an impeachment ? 

What is the law in England ? 

What officers may be impeached ? 

Can a representative or senator be impeached ? 

What is said of the time, place, and manner of holding election 
for senatoi-s and representatives? 

How often,* when, and where does congress meet? 

How can an extra session be called? 


Q 












■Q 


9 -- 

58 GOVERNMENTAL 


POWERS OF EACH HOUSE. 

Each house is the judge of the election returns, 
and qualifications of its own members. 

This power must be lodged somewhere, or the halls 
of congress would be liable to be filled with impostors. 

< If it were lodged in any other body it would be 
dangerous to the legislative department. A majority 
of each house constitutes a quorum. 

A smaller number may adjourn from day to day, 
and may compel the attendance of absent members. 

“ Each house determines the rules of its proceed¬ 
ings, punishes its members for disorderly behavior, 
and by a vote of two-thirds may expel a member.” 
No assembly of men can transact business with order 
and deliberation, without the power of making and 
enforcing its own rules. This is necessaiy for its 
own dignity and self-preservation. 


JOURNALS OF CONGRESS. 

Each house keeps a Journal, which is published 
from time to time, except such parts as the welfare of 
the country requires should be kept secret. 


Who is the judge of elections ? 

How many constitute a quorum ? 

What is meant by a quoriun ? 

Who makes the rules for each house ? 

How many votes are required to expel a member? 
Does each house keep a journal of their proceedings ? 













INSTRUCTOR. 59 

A journal is simply a record. At the request of 
one-fifth of the members present, in either house, the 
yeas and nays must be entered on the record. That 
is, the names of all the members voting for a measure, 
are written down together under the head of 
and the names of those voting against it under the 
liead of “ nays.^^ By this means, the votes of all the 
members, on the most important questions, are pre¬ 
served on record. 

This has a tendency to make each member careful 
not to give his sanction to any measure of doubtful 
utility, for he knows that his vote is recorded, and 
that the record may rise up in judgment against him 
at any future time. 


ADJOURNMENT. 

Neither liouse, during the session of congress, can 
adjourn for more than three days without the consent 
of the other, nor to any other place than that in which 
the two houses shall be sitting. 

As it requires both houses to enact a law, it was 
necessary that some provision be made to prevent one 
house from obstructing the action of the other. 


What is a journal ? 

At the request of how many members are the yeas and nays put 
on the record ? 

For how long can one house adjourn without the consent of the 
other ? 


o 


o 

















o 


V - 

60 GOVERNMENTAL 


PAY OF MEMBERS. 

The president of the senate pro tempore, and 
speaker of the house, each, receives six thousand 
dollars per annum for his services. 

The senators and representatives receive a salary 
of five thousand dollars each, per annum, and also 
eig'ht dollars for every twenty miles travel. 

These sums are paid out of the public treasury of 
the United States. 

The members of the British parliament at present, 
receive no pay. If our legislators were not paid, the 
halls of congress would be filled almost exclusively 
with the wealthy, and -those not the most worthy or 
best qualified for the station’. 

In this speculating, money-making age, few men 
of talent would sacrifice their time and money merely 
for the public good, with no hope of reward but 
empty fame. And those who would be willing to do 
so, might be too poor to spend three or six months a 
year at Washington at their own expense. 

On the other hand, the compensation is so small as 
to offer little pecuniary inducement for money spec¬ 
ulators to scramble for it. 


What pay do the president of the senate pro tempore and the 
speaker of the house receive ? 

What pay do the senators and representatives receive ? 

Where is the money obtained? 

Do the members of the British parliament receive any pay ? 


•o 














PRIVILEGES OF MEMBERS OF CONGRESS. 

“ In all cases except treason, felony, and breach of 
^.he peace, members of congress are privileged from 
arrest, during their attendance at^the session, and in 
going to and returning from the same.” 

Both houses of the British parliament have enjoy¬ 
ed the same privilege from time immemorial. Par¬ 
ties and witnesses in a court of justice are protected 
in the same way, much more ought the representa¬ 
tives of the interests of thousands, or the senator of a 
state, to be preserved from interruption in the dis¬ 
charge of his important duties by a petty question of 
dollars and cents. 

No member of congress can be questioned in any 
other place for any speech or debate in either house. 
The same privilege is enjoyed by the legislature of 
every state in the union, and also by the British ])ar- 
liament. This is necessary in order to secure free¬ 
dom of debate. 

This privilege does not give any member a right 
to publish a speech, in which he defames and abuses 
others, under pretence of performing his duty ; for 
such species of defamation, a member of congress 


What peculiar privileges have members of congress ? 

Do the members of the British parliament enjoy the same? 

What privilege is given to mwibers of congress in order to secure 
freedom of debate? j 

Does this give any member a right to defame and abuse others ? 

o---- 














■Q 


O-^-- 

62 GOVERNMENTAL 

is just as liable to the penalties of the law as any 
other man. 

No member of congress during the time for which 
he has been elected, can be appointed to any civil of¬ 
fice in the United States which has been created, or 
the emoluments of which have been increased during 
that time. 

No person holding any office under the United 
States, can be a member of either house of congress 
during his continuance in office. If he wishes to be 
elected to congress, he must resign the other office. 

This is a necessary provision, in order to prevent 
legislators from holding offices inconsistent with the 
proper discharge of their duties as legislators. It also 
prevents the intermingling of departments which 
ought to be kept distinct. 


REVENUE. 

Revenue is the money received from taxes, duties, 
imposts, sales of public lands, rents, (fee., which is 
collected by the nation or states for public use. 

All bills for raising revenue must originate in the 
house of representatives. 

The representatives are chosen directly by the peo- 


Can a member of congress hold any other office under the Uni¬ 
ted States? 

Why is tliis necessary ? 

What is revenue 1 

In which house must bills of revenue originate? 













t ) 


-c. 


INSTRUCTOR. 

63 


pie, and are responsilde to them, and are therefore 
better judg^es of the wishes of the people than the 
senate. For the house of representatives represents 
the people, but the senate represents the states. 

If the power of originating ‘‘money bills*' were 
intrusted to the senate, it might lead to great dissat¬ 
isfaction and difficulty, by giving the small states too 
great an influence. 

Though the senate may not originate “ money 
bills,” yet it may propose or concur in amend¬ 
ments as in other bills. 


VETO POWER. 

We have said that every legislative act must pass 
both houses of congress before it can become'a law. 
j But this is not all. It must also be presented to the 
President of the United States for his signature. If 
he approves the bill he signs it, and then it becomes 
a law. 

• 

If the President refuses to sign it, he returns it to 
the house in which it originated, with his objections, 
which are entered at large on the journal, and then 
the members reconsider their vote. If, after recon¬ 
sideration, the bill is again passed by two-thirds, it is 


Why? 

Why should not money bills originate in the senate? 

Must every act be presented to the president before it can become 
a law? 

What if he approves and signs it? 

What if ho refuses to sign it ? 


o 
















o- - 

! 64 GOVERNMENTAL 

sent to the other house with the objections. If there 
it is passed by two*thirds, it becomes a Isi^v, notwith¬ 
standing the President’s refusal to sign it. 

If the President keep any bill over ten days, Sun¬ 
days excepted, after it has been presented to him, it 
becomes a law, unless congress has in the mean time 
adjourned. ^ 

Every order, resolution, or vote, except on a ques¬ 
tion of adjournment, is passed in the same way. 

Thus, it appears that the legislative power is not 
all intrusted to the two houses of congress, but some 
portion of it is vested in the President. This is a 
slight intermingling of the legislative and executive 
powers. But the influence of the President is only 
negative. It operates merely as a check, for the 
President can originate no bill. 

In England, the veto of the king is absolute, so 
that if he refuses to sign a bill, it can never become 
a law. But in the United States the veto of the 
President is limited, for a bill may become a law 
without his signature, as we have seen. In Eng¬ 
land, the veto power has not been exercised once for 
the last 150 years. In the United States, since the 
formation of the present constitution in 1789, a pe¬ 


can a bill then become a law without the president’s signature ? 
If the president keeps a bill over ten days what is the result ? 

Is there any legislative power vested in the president? 

What is said of the veto of the king of England? 

Is the veto of the president limited ? 

How long since the veto power was exercised in England ? 

What is said of the United States since the formation of the con¬ 
stitution ? 














INSTRUCTOR. 


—o 

65 


riod of 82 years, upwards of 40 bills have been 
vetoed and retained by the Presidents. 

There is still great difference of opinion in the 
United States respecting this veto power. The ael- 
vocates of this power claim that it is a great preven¬ 
tive of rash and hasty legislation; that it is a 
salutary check that could not be removed without 
endangering the strength and permanency of the 
government; that the shortness of the presidential 
term is a sufficient guarantee that it wUl not be exer¬ 
cised except for the good of the country. 

On the other hand, it is said that the veto power 
ought to be still farther limited ; t^iat it is a monarch¬ 
ical feature in our government; that it gives one 
man an opportunity to set his private opinion and 
wall against the wishes of a majority of the people. 
But, as the question of the veto power is one 'of d)e 
unsettled political questions of the day, “ we leave 
each one to his own opinion.” 


POWERS OF CONGRESS. / 

“ Congress has power to lay and collect taxes, du¬ 
ties, imposts, and excises,” in order to pay the debts, 
and provide for the qpmmon defence, and general 
welfare of the United States; but “ all duties, im- 


What do the advocates of the veto power claim? 
What do the opponents of the veto power say ? 
What are some of the powei-s of congress? 

How must duties, imposts, and excises be laid? 


a 


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GOVERNMENTAL 


o—- 

OG 


u 


posts, and excises, shall be uniform throughout the 
, United States.” That is to say, taxes, duties, im¬ 
posts, and excises, can be laid and collected for the 
payment of the public debt, to provide for the com¬ 
mon defence and general welfare, and for nothing 
else. If congress were to pass any law to raise a tax 
for any other purpose, it would be unconstitutional 
and void. For congress possesses no powers except 
those enumerated in the constitution, and necessarily 
implied therein. 


TAXES. 

“ All contributions by whatever name known, im¬ 
posed by government upon individuals, for the service 
of the state, are called taxesP 

These contributions are known by different names. 
They are called duties, tithe, tribute, imposts, subsidy, 
customs, aid, excise, (fee., but they are all included 
under the general name of taxes. That a govern¬ 
ment must have power to lay and collect taxes for 
carrying on its own operations, is evident. And if the 
government is to be an efficient national government, 
its powers of taxation must be as extensive as its 
wants and duties. 


For what purposes may they be laid and collected? 

Does congress possess any powers except those enumerated in 
the constitution or necessarily implied? 

What are taxes? 

Must every government have power to lay and collect taxes? 
How extensive must the power of taxation be? 


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9* 


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67 


INSTRUCTOR. 

Taxes may be divided into two kinds, direct taxes, 
and indirect taxes. 

Direct taxes may be divided into two kinds ; first, 
taxes on land ; and second,' a capitation tax, or as it 
is often called a poll tax^ that is a tax on the head or 
person of every individual. 

Therefore a direct tax can be levied only on the 
person, or on land, or on both. It cannot be levied 
on personal property. 

Every other method of raising a revenue, whether 
by duties, imposts, excises, (fee., or by a tax on per¬ 
sonal property, is called an indirect tax. It is neces¬ 
sary to understand the difference between these two 
kinds of taxes, because the constitution provides that 
they shall be “ laid and collected” according to dif¬ 
ferent rules. Direct taxes are apportioned among 
the different states according to their respective 
population, without any reference to the value of 
property therein. When a poll tax is levied, every 
tax-payer in the United States pays equally. When 
a land tax is levied, aU the lands in the United States 
are taxed, and every land owner pays according to 
the amount of the value of his lands. 

But the rule is different with regard to indirect 


Of what two kinds are taxes ? 

How many kinds of direct taxes ? 

What are they ? 

What are indirect taxes? 

Why is it necessary to understand the difference between these 
two kinds of taxes ? 

How are direct taxes apportioned ? 

Does the same rule apply to indirect taxes? 


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GOV,ERNMENTAL 


1 68 

taxes. For indirect taxes, or as they are called in 
the constitution, “ duties, imposts, and excises,” must 
be uniform throu^iout the United States. So that 
if there be a duty on a foreign article, as for instance 
on broadcloths, every person in every state will pay 
more or less of the tax in proportion as he purchases 
more or less of the article. And if he purchases 
none of the cloths, of course he will pay none of 
the tax. 

The same principle applies to every article which 
may be the subject of an indirect tax. If, for in¬ 
stance, horses were taxed one dollar each, then the 
owner of ten horses would pay ten dollars of the tax ; 
the owner of one horse would pay one dollar, and the 
owner of no horse would pay nothing. And it mat¬ 
ters not in what state the tax payer may reside, if the 
tax be national. 

The term “ Duties*'’ is sometimes used to signify 
nearly the same as taxes ; but it is oftener applied to 
those taxes which are paid on imported or exported 
goods and merchandise. Any sum of money requi¬ 
red by government to be paid on the importation, ex¬ 
portation, or consumption of goods, is a duty. Duties 
are paid at or near the borders of a country as the 
goods are brought into, or carrried out, of the country. 

Bringing goods secretly into a country without pay¬ 
ing the duties, is called smuggling ; and goods thus 


What is meant by duties ? 
Where are duties paid? 
What is smuggling ? 


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69 


INSTRUCTOR 


imported and seized by a custom-house officer, are 
taken from the owner, sold at public auction, and the 
money arising from the sale appropriated according to 
the revenue laws. A vessel bringing in smuggled 
goods is also liable to be taken and sold in the same 
way. 

Although the duty is paid in the first instance by 
the importer, yet he gets his money hack again. For 
when he sells, he raises the price of the goods suffi¬ 
ciently to cover not only the first cost of the goods hut 
also the duty which he has paid; so that the duty is | 
finally paid by the consumer. 

The term “ imposts’^ differs little from duties, and 
applies to imported goods only. The terms duties, 
imposts, customs, &c., in the United States, are all 
included under the general name of tariff. 

Governments are usually averse to laying direct 
taxes, as the people are less willing to pay them than 
indirect taxes. Only three direct taxes have been 
laid in the United States since the formation of the 
federal government, until the late war. 

It has been provided by our constitution that “ rep¬ 
resentatives and direct taxes shall he apportioned 
among the several states within this union, according 


How may smuggled goods be disposed of ? 

Wlio pays the duty in the first instance ? 

Who pays it finally? 

What is meant by imposts? 

Why are governments avt'se to laying direct taxes? i 

How many direct taxes have ever been laid in the United ! 



States ? 











o 


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70 GOVERNMENTAL 

to their respective numbers.” Notwithstanding the 
constitution mentions “ states,” it has been decided by 
the Supreme Court of the United States that direct 
taxes may be laid at the same time on the District of 
Columbia, and on the territories, although they have 
no representatives in congress. For the term ‘‘ United 
States” is the name of the American Empire, and 
includes states, districts and territories; in a word, all 
lands over which the government of the United 
States extends, and has jurisdiction. So that the ter¬ 
ritories are as much a part of the United States as 
Virginia or Pennsylvania. 

V Therefore, that clause in the constitution above 
mentioned, was not introduced to restrict direct taxes 
to the states, but to show how direct taxes should be 
apportioned. 

But congress has a discretionary power to extend 
a direct tax to the district and territories, or to limit it 
to the states. 


POWER OF CONGRESS TO BORROW MONEY. 

“Congress has power to borrow money on the 
credit of the United States.” There may be times 
when the immediate revenue of the government will 


Can a direct tax be laid on the District of Columbia and the 
territories ? 

What is included under the term United States? 

Wliat discretionary power has congress ? 

Has“congress power to borrow money on the credit of the United 
States ? 


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INSTRUCTOR. 71 

not be sufficient to meet necessary expenses, as in 
cases of emergency, or in any unexpected failure of 
the usual sources of revenue. If congress had not 
this power of borrowing money and pledging the 
United States for the paymerit of it, the efficiency of 
the national government would be impaired, and its 
very existence endangered. But by obtaining a loan, 
the government might stiU continue its operations in 
undisturbed activity. 


POWER OF CONGRESS TO REGULATE COMMERCE. 

“ Congress has power to regulate commerce with 
foreign nations.” Commerce is an interchange of 
goods or productions between nations or individuals 
by barter, or by purchase and sale. Thus we send 
our cotton, tobacco, rice, <fec. to Europe; and we send 
to the West Indies for sugar, molasses, coffee, <fec.; 
to China, for teas; to the East Indies for silks, spices, 
and other things. These transactions are called 
commerce. 

One of the great objections to the articles of con¬ 
federation was that they gave no power to the gen¬ 
eral government to regulate commerce. Foreign 
governments could impose heavy duties on all Amer- 


O 


Wl:y is such a power necessary ? 

What power has congress with regard to commerce ? 

What is commerce ? 

What was one of the great objections to the articles of confedera¬ 
tion? 


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GOVERNMENTAL 


o — 

' 72 

ican products brought to their market, but such was 
the want of combination among the several states, 
that they could not unite on any scale of duties to be 
imposed on foreign goods brought to our market. 

The merchants were therefore among the hrst and 
most urgent for a constitution which would give con¬ 
gress power to protect the commercial interests of the 
country. 

Commerce has ever been one of the great sources 
of national wealth. The United States engaged in 
it early, extensively, and perseveringly; and now our 
merchant vessels are seen in every sea, bearing aloft 
our national tlag, with its stripes and stars floating on 
the breeze. 

The cjuestions arising from the commerce of the 
country, have been among the most important and 
exciting that have arisen since the adoption of the 
constitution. The highest talent in the union has 
been called out in debates in congress on these cpies- 
tions, and the very existence of the union has been 
threatened. 

This power of congress to regulate commerce, is a 
very general and extensive power. Under it con¬ 
gress has power to make all necessary regulations for 
the navigation of vessels ; to determine what shall 
constitute an American vessel; to require that they 
shall be navigated by American seamen, &;c., (fee. 

\ _ £ ___ 

Why was this objection an important one ? 

Who were the first to move for a constitution's 

What is said of the commerce of the United States? 

Wliat power lias congress with regard to vessels 

0 - 


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INSTRUCTOR. 


n 



Congress has power to regulate not only foreign 
commerce, but also “commerce among the states.” 
The products of the United States are so various and 
abundant, that the tralfic from one part of the union 
to another is of great importance. If one state or 
more could make a regulation, or pass a law to benefit 
themselves at the expense of the rest of the states, 
injustice and irregulaiity must have been the result. 

If, for instance, the state of Virginia could lay a 
state tax or duty on all boots and shoes brought into 
that state from the northern states, she would not only 
be taxing her own people, but cause a diminution of 
trade between herself and those states. 

Or, suppose Georgia were to lay a duty on boots 
and shoes from Massachusetts, while she admitted 
those from other states free; it Avould be unjust to 
Massachusetts, and would probably drive her goods 
out of the Georgia market. Massachusetts might 
reciprocate the act by laying a duty on all cotton fiom 
Georgia, and thus destroy the trade between the two 
states. 

But as the states have delegated this power to the 
general government, that government alone can ex¬ 
ercise it. The states themselves have no farther con¬ 
trol of it. 

Under this power congress has a right to regulate 


Has conjrress any power over commerce among the states? 

Why ought congress to have power to regulate commerce among 
the states? 

Whence does the general government derive this power? 


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7 






Q 


9 -^--- 

74 GOVERNMENTAL 

the coasting trade, and fisheries, and the duties of 
seamen on hoard of vessels of the United States, to 
place buoys and build lighthouses, to remove obstruc¬ 
tions in creeks and rivers, to enact quarantine l^ws, 
(fee. Congress has also power to regulate commerce 
with the Indian tribes. 


NATURALIZATION LAWS. 

We have seen that the constitution of the United 
States was adopted by the people of the several 
states. All who voted, or who had a right to vote at 
that time were parties to the contract, and of course 
were entitled to the right of citizenship under the 
new government. This right of citizenship is, in a 
measure, a hereditary right which descends, so that 
all people born in the United States, of parents who 
were citizens, are entitled to the rights of citizenship 
also. 

But persons coming from foreign countries are not 
entitled to the right of citizenship unless the United 
States choose to confer it upon them. 

The process by which this right is conferred, is 


What further rights has congress under this power? 

What is said of the Indian tribes?* 

By whom was the constitution of the United States adopted? 
Who were entitled to citizenship? 

Are the children of citizens entitled to citizenship? 

Are foreigners entitled to the rights of citizenship in the United 
States ? 










INSTRUCTOR. 


—c 

75 

called naturalization. And the laws which pre¬ 
scribe this process are called naturalization laws. 

If the power of enacting these laws was intrusted 
to the states, they might make conflicting laws. For 
instance, one state might require a residence of 
twenty-one years before a foreigner could be natural¬ 
ized, while another state might require a residence of 
only two years. Now as the citizens of one state are 
entitled to the rights and privileges of citizens in an¬ 
other state, foreigners might come into the state 
which required only two years residence, and after 
becoming naturalized immediately remove into the 
state requiring 21 years, and claim the right of citi¬ 
zenship there. 

In order to prevent all such and similar inconve¬ 
niences the constitution gives congress power to es¬ 
tablish a uniform rule of naturalization. 

Accordingly in 1790, congress passed an act re¬ 
quiring a foreigner by birth, to reside two years in 
the United States before he could become a natural¬ 
ized citizen. In 1795, another act was passed by 
congress lengthening the time of previous residence 
to jive years. 

In 1798 another act was passed extending the pre¬ 
vious residence to fourteen years. In 1802 the time 


Wliat is meant by naturalization ? 

Why may not the states enact naturalization laws? 

What power has congress over the subject of naturalization ? 
What did the act of 1790 require ? 

What did the act of 1795 require? 

What did the act of 1798 require? 


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GOVERNMENTAL 


:> — 

76 


was again shortened to Jive years, and has so con¬ 
tinued to the present time. 

An alien in the United States cannot hold and 
transfer real estate, or lands, in his own name; so he 
sees the propriety of securing a citizenship in order to 
' be upon an equal footing, in this respect, with native 
citizens. 


; BANKRUPT LAWS. 

I Congress has power to establish “ uniform laws on 
1 the subject of bankruptcy, throughout the United 
I States.” 

Merchants and other individuals are exposed to 
sudden and heavy losses which no human foresight 
can provide against. A storm at sea, the burning of 
a ship or other property, a piratical cruiser, wars, 
blockades, embargoes, (fcc., may in a single hour, 
sweep away the products of a long life of industry 
and perseverance in business. 

Commercial countries have therefore frequently 
adopted measures for the rehef of insolvent debtors. 
England has had a bankrupt law for the last three 
hundred years. And also every commercial state in 


How long a residence is now required before a foreigner can be 
naturalized ? 

Can an alien hold and transfer real estate or lands ? 

What power has congress over bankruptcy? 

What class of people are liable to severe and sudden losses ? 
Wliy? How long has England had a bankrupt law? 


O' 













o--- 

INSTRUCTOR. 

,Europe has for a long time had either bankrupt oi 
insolvent laws. 

The United States have attempted the experiment 
but seldom, and tlien for only a short time. The 
late bankrupt law was passed on the 19th of August, 
1841. But its reception in the country was such, 
that it was repealed soon after, by congress, on the 
3i d of March, 1842. 

The states have the power of passing bankrupt 
laws when there is no bankrupt law of the United 
States in force ; but they are suspended if congress 
pass a bankrupt law, and continue suspended till the 
law of congress is repealed, and then revive. 

Bankrupt laws generally provide that, when a 
debtor gives up all his property, of every description, 
for the satisfaction of his creditors, he shall forever 
after be exonerated from paying debts previously 
contracted. 

Under insolvent laws, though a debtor may give 
up all his property for the benefit of his creditors, 
yet should he become able to pay, he would be liable 
for debts previously contracted. 



NAVY AND MILITIA. 

The protection of commerce is thought to require 
a navy to be in a constant state of preparation. 


What is said of other commercial states ? 

W^hen was the late bankrupt law of the United States passed ? 
When was it repealed? 

Can the states pass bankrupt laws ? 


n 


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78 GOVERNMENTAL 

Hence congress has been einpownied “ to provide and 
maintain a navy.” 

The foes of a government may not always be foes 
without. There may also be foes within. Riots, 
mobs, insurrections or civil wars may arise. To meet 
these and other dangers the constitution gives con¬ 
gress power to “ provide for calling forth the militia to 
execute the laws of the union, suppress insurrections 
and repel invasions.” Thus the militia was called 
out by President Washington to suppress the famous 
whiskey insurrection in the state of Pennsylvania in 
1794 . 

The militia was also called out to repel invasion in 
the late war with Great Britain. 

The militia has also been frequently called into 
service in different parts of the country, in repelling 
the incursions of the Indians. 

It belongs exclusively to the President to decide 
when the exigency has arisen, requiring the aid of the 
militia. He then issues the call, and all the subor¬ 
dinate officers and privates, according to militia dis¬ 
cipline, are bound to obey. For the President is not 
only commander-in-chief of the militia when in the 
field, but he has power also to call them on to the 
field. 


What power has congress as to a navy ? 

What power has congress as to the suppression of insurrections, 
mobs, &c. 

When was the militia called out to suppress insurrection? 

When was it called out to repel invasion ? 

Who is to decide when it is necessary to call out the militia? 


o 






^ INSTRUCTOR. 79 ( 

In the United States the power of declaring war is 
lodged in congress. In Great Britain the same power 
is vested in the crown. No state can engage in 
war unless in time of actual invasion or in cases of 
great danger. 


MONEY. 

Money is the standard by which all merchandize 
is valued. It should be of uniform value through¬ 
out a whole nation. Consequently the constitution 
gives congress power “ to coin money, to regulate the 
value thereof, to regulate the value of foreign coin,” 
and also to punish counterfeiters of the coin of the 
United States. 

For similar reasons congress has power “ to fix the 
standard of weights and measures.” 

With a view of coining money a mint was establish¬ 
ed at Philadelphia in 1792, where gold, silver and 
copper coins are produced. Branches of this mint 
have since been established in different parts of the 
country; at New Orleans, La.; Dahlonega, Ga.; 
Charlotte, N. C.; San Francisco, Cal.; Denver, Col.; 
Carson, Nev.; and at Dallas, Oreg. 

What power has congress as to war? 

Wliat is the standard by which merchandize is valued ? 

Should it be of uniform value throughout the United States ? 

What power has congress as to money ? 

Where and when was a mint established ? 

What kinds of coin are made there ? 

Is there more than one mint in the United States ? 

Where are they established ? 

O--- 















GOVERNMENTAL 


Q— 

80 


<) 


An eagle is valued at ten dollars, and must 
weigh 10 pennyweights and 18 grains of gold. A 
dollar must weigh 17 pennyweights and 4^ grains 
of silver. 


POST OFFICE DEPARTMENT. 

The establishment of post offices, and post roads, 
is among the powers given to congress. As the mail 
is to be carried in every direction all over the union, 
the state governments could not be intrusted with the 
Post Office Department without leading to endless 
difficulties. 

Under this power congress has also laid out and 
built new roads with the consent of the states through 
which they pass. And in the case of the road from 
Nashville to Natches, the consent of the state was 
not obtained. 

The Post Office Department was not originally in¬ 
tended to be so much a source of revenue to the 
country, as a matter of convenience to the people. 
Through its operations tlie facilities of correspondence, 
ifcc., have been greatly augmented. Of late a reform 
has been introduced into this department reducing 
the postage on letters, newspapers, pamphlets, maga¬ 
zines, (fee. 


What are the weights of those coins ? 

What power has congress o er weights and measures ? 
What power has congress over post offices and post roads? 
Why might not this power have remained in the states ? 


s 

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INSTRUCTOR. 81 

The present postage of letters weighing not over 
half an ounce is three cents, pre-paid. For every 
additional half ounce, or less, in weight, an addi¬ 
tional single postage is charged. Formerly there ’ 
were different rates for single letters, according to 
distance. 

The postage on periodicals and pamphlets is two 
cents for every four ounces. 


PATENTS AND COPY RIGHTS. 

The author of a new and valuable work, and the 
mventor of a new and improved machine, are public 
benefactors. They deserve a recompense for their 
labors. Congress is therefore empowered by the con¬ 
stitution, to secure to them for a limited time the ex¬ 
clusive right to their respective inventions, writings or 
discoveries. If they have produced anything valu¬ 
able they are thus enabled to enjoy the fruits of their 
own genius. This affords encouragement to others to 
“ seek out new inventionsfor the hope of j-eward is 
one of the strongest inducements to human action. 


What are the rates of postage on letters ? 

What were they formerly? 

What power has congress as to authors of books and inventors of 
machines? 

Why is this power given to congress ? 


f 


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82 


GOVERNMENTAL 




PIRACY. 

Piracy is often defined to be robbery on the high 
beas. But by act of congress of 1790, murder, rob¬ 
bery, or any offence which if committed on land 
would be punishable Avith death by the laws of the 
United States, is defined piract/. 

The sea is a great highway, common to all nations. 
And all nations have jurisdiction over it as to all of¬ 
fences committed by their own sailors on board their 
own vessels. 

Pirates being plunderers of the seas and enemies 
to all nations, may be punished by any nation. For 
the constitution gives congress power “ to define and 
punish piracies and felonies committed on the high 
seas, and offences against the law of nations. The 
terni “ high seas” means all the oceans, bays, chan¬ 
nels, (fee., below low water mark, around the world. 

The laws of nations are the rules and regulations 
arising from necessity, or adopted by common consent, 
among ajl civilized nations. 

As there is no great general government including 
the civilized world, to enforce these laws, each nation 


How is piracy often defined ? 

How is it defined by act of 1790 ? 

Who has jurisdiction over the sea ? 

Why may pirates be punished by any nation? 
What power has congress as to piracies ? 
What is meant by the term high seas ? 

What are the laws of nations ? 

Who enforces these laws ? 


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INSTRUCTOR. 


83 


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is bound to obey them as the law of nature and 
reason. 


DISTRICT OF COLUMBIA. 

About the close of the Revolutionary war, the con 
tinental congress, then sitting at Philadelphia, was 
surrounded and insulted by a body of mutineers from 
the continental army. Congress applied to the ex¬ 
ecutive authority of Pennsylvania for protection, but 
I were unable to obtain it. They then adjourned to 
I Princeton, in New Jersey. And from thence they 
soon after adjourned to Annapolis, in the state of 
Maryland. In order to guard against such intimida¬ 
tion, the constitution gives congress “exclusive legis¬ 
lation over a district not exceeding ten miles square, 
which may become the seat of government of the 
United States.” 

In 1790, the States of Maryland and Virginia 
ceded a tract of land ten miles square to the. United 
States, which has since been called the District of 
Columbia. In 1800, the city of Washington, situated 
in that district, became the seat of government of the 
United States, and has so continued till the present 


When and where was congress surrounded and insulted by a mob ? 
What measures did congress take to guard themselves against 
any like occurrence in future ? 

When and by what states was the District of Columbia ceded to 
the United States? 

When did Washington become the seat of government? 

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ru- 

84 GOVERNMENTAL 

time. The President of the United States and tlie 
chief executive officers of the general government 
reside there. Congress and the supreme court of the 
United States meet there every year. 

In 1846, that part of the District of Columbia south 
of the Potomac was retroceded to Virginia. Con¬ 
gress exercised exclusive legislation over this dis¬ 
trict until 1871, when it was organized as a territory 
with a delegate to congress. 


AUXILIARY AND IMPLIED POWERS OF CONGRESS. 

The several specified powers of congress having 
been enumerated, the constitution concludes by giv¬ 
ing a general authority to congress, to make all laws 
wiiich shall be necessary and proper for carrying into 
execution the foregoing powers, vested by the con¬ 
stitution in the government of *the United States, or 
in any department or office thereof. 

One of the implied powers of congress is tlie power 
to erect corporations. 

A corporation is an artificial person. A corporation 
is generally composed of several individuals, and is 
then called a corporation aggregate. A bank is a 
corporation aggregate. 

What officers reside at Washington 1 

What bodies meet there? 

Has the District of Columbia any representative in congress 1 

Has congress any implied powers ? 

What is a corporation ? 

Of what is it generally composed, and what is it then called ? 

What is a bank ? 






o 


INSTRUCTOR. 


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85 


INTERNAL IMPROVEMENTS. 

The question whether congress has power to make 
appropriations of money for internal improvements, 
has undergone much discussion. If the improvement 
is of a local nature, and of local benefit only, congress 
undoubtedly has no power to make any appropriation 
for such a purpose. 

But, if the improvement is of a general nature, 
and is, or will be, of general use to the United States, 
congress has power to make all necessary appropria¬ 
tions to carry it on. 

As incidental to the power to declare war, congress 
has authority to purchase grounds and build forts, 
arsenals, dock-yards, navy-yards, magazines, &c. 
For, whenever any power is granted to congress by 
the constitution, every right necessary for the full ex¬ 
ercise of that power is included in the grant. 

There is no express power given to congress to add 
new territory to the United States by treaty, purchase, 
cession, or otherwise; and yet, congress, by pur¬ 
chase, and in other ways, has added to the United 
States a territory much greater than the whole origi¬ 
nal territory of the union. This has been done under 
the implied powers of congress, by giving a very 


Under what circumstances has congress power to make appropri¬ 
ations for internal improvements ? 

What power has congress incidental to the power to declare war? 
Is there any express power given to congress to add new territory 
to the United States? 













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86 


GOVERNMENTAL 


liberal construction lo the constitution. The argu¬ 
ment of necessity was strongly urged; for the safety 
and general welfare of the United States required the 
possession of the mouth of the Mississippi, it being the 
highway to the Gulf of Mexico. 

! The purchase of Florida was considered necessary 
for the protection of our southern frontiers. 


EMBARGO. 


An embargo is a prohibition of vessels to go into or 
out of a port for*a limited time. 

Under the general power to regulate commerce, 
congress in 1807 laid an embargo on all ships within 
the jurisdiction of the United States, bound for any 
foreign port. 

By this means all foreign commerce was cut off. 
The commercial states suffered severely before the 
embargo act was repealed, which was done in about 
a year and a half afterwards. 


RECORDS, &c. 

Each state is still a sovereign state as to the exer¬ 
cise of all powers not granted to the general govern- 

Under wliat authority was Florida and Louisiana added to the 
United States f 
What is an embargo? 

Under what powei of congress can an embargo be laid ? 

As to what is cath state still sovereign ? 



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INSTRUCTOR. S7 

meiit. Therefore each state ought to recognize the 
public acts, records, &c., of every other state as valid 
and conclusive, for otherwise one state might interfere 
with the acts of another state, reverse its judicial 
decisions, (fcc., &-c. The constitution therefore de¬ 
clares that “ full faith and credit shall be given in 
each state to the public acts, records, and judicial pro¬ 
ceedings of every other state.” 


NEW STATES. 


Congress also has power to admit new states into 
the union. 


The states at the time of the adoption of the con¬ 
stitution, were thirteen in number. They are called 
the thirteen original states. Their names are as 


follows: 


Square Miles. 
Virginia, - - - 38350 - 
New York, - - 47000 - 
Massachusetts, - 7800 - 

New Hampshire, - 9280 - 

New Jersey, - - 7576 - 

Delaware, - - - 2100 - 

Connecticut, - - 4075 - 


Settlement. 

- 1607 

- 1614 

- 1620 

- 1623 

- 1624 * 

- 1627 

- 1633 


How are the public acts, records, &c., of each state to be regarded 
in the other states ? 

Who has power to admit new states to the union ? 

How iT»any states were there at the time of the adoption of the 
constitution ? 

What are their names ? 


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88 GOVERNMENTAL 


Square Miles. 

Settlement. 

Maryland, - - 

- 11124 - - 

- 1634 

Rhode Island, 

- 1306 - - 

- 1636 

North Carolina, 

- 50704 - - 

- 1650 

South Carolina, 

- 34000 - - 

- 1650 

Pennsylvania, 

- 46000 - - 

- 1682 

Georgia, - - 

- 58000 - - 

- 1733 

Twenty-four new states have been 

admitted into 


the union b}" congress since the adoption of the con¬ 
stitution, so that the whole number of states is now 


thirty-seven. 
^ollow’S : 

The names of the new 

Square Miles. Settlement. 

states are as 

Admitted. 

Vermont, 

10212 

- 

1749 

- 

1791 

Kentucky, 

37680 

- 

1775 

- 

1792 

I'ennessee, 

45600 

- 

1765 

- 

1796 

Ohio, 

39964 

- 

1788 

- 

1802 

Louisiana, 

41346 

- 

1699 

- 

1812 

Indiana, 

33809 

- 

1730 

- 

1816 

Mississippi, 

47156 

- 

1716 

- 

1817 

Illinois, 

55410 

- 

1749 


1818 

Alabama, 

50722 

- 

1783 

- 

1820 

Maine, 

35000 

- 

1630 

- 

1820 

Missouri, 

• 

65350 

- 

1663 

- 

1821 


How many new states have been admitted to the union ? 

What are tlieir names 'f 

How many states are there now in the United States? 

Which state is the largest, and how many'square miles does it 
contain ? 

Which state is the smallest, and how many square miles does it 
contain ? 

Which state wa^ first settled ? 

Which last? 


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89 


INSTRUCTOR. 



Square Miles. 

Settlement. 


Admitted. 

Arkansas, 

52198 

1685 

- 

1836 

/Michigan, 

56451 

1670 

- 

1837 

Florida, 

59268 

1564 

- 

1845 

Texas, 

274356 

1685 

- 

1845 

Iowa, 

55045 

1686 

- 

1846 

Wisconsin, 

53924 

1669 

. 

1848 

Cahfornia, 

188980 

1769 

- 

1850 

Minnesota, 

83531 

1812 

- 

1858 

Oregon, 

95274 

1792 

- 

1859 

Kansas, 

81318 


- 

1861 

W. Virginia, 23000 


- 

1863 

Nevada, 

112000 


- 

1864 

Nebraska, 

75995 


- 

1867 


Congress cannot form any new state within an 
old one, or by joining two states,or parts of states, 
unless with the consent of the legislatures of the 
states concerned. 

There remains yet a vast extent of territory west 
of the Mississij)pi, belonging to the United States, 
out of which other new states may hereafter be 
formed. 

“ Congress has power to dispose of and make all 
needful rules and regulations respecting the territory 
and other property belonging to the United States;” 
All such territory is the property of the United States, 
and therefore subject to the control of congress. 


Which states were last admitted to the Union ? 

Can congress form a new state within an old one ? 

Out of what territory can new states be formed? 

What power has congress over the territory and other 
property belonging to the United States? 


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GOVERNMENTAL 


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90 


I 

I POWERS PROHIBITED, SLAVE TRADE 

The constitution having specified certain powers 
which congress may exercise, also mentions other 
powers which congress is prohibited from exercising. 
Thus, congress is forbidden to prohibit the slave trade 
previous to the year 1808. 


HABEAS CORPUS. 

When a person is illegally arrested or imprisoned, 
he is not compelled to wait for a hearing till the 
regular term of the court, but he may have a writ 
of ^‘‘habeas corpus, and be immediately brought 
before a judge. And if it appears that he is illegally 
detained, he is entitled to an immediate discharge. 
The term habeas corpus, means you may have the 
body. The writ of habeas corpus therefore author¬ 
izes the officer to whom it is directed, to bring forth 
the body of the prisoner from confinement, to have an 
immediate hearing. This writ of habeas corpus has 
justly been considered the “ bulwark of personal 
liberty.” Congress has therefore been prohibited from 
‘‘ suspending the privilege of habeas corpus, unless in 


What is the remedy when a person illegally arrested or im¬ 
prisoned ? 

What does the term habeas corpus mean ? 

What does the writ of habeas corpus authorize the officer to do? 
What has congress been prohibited from doing ? 

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INSTRUCTOR. 91 

time of rebellion or invasion, when the public good 
requires it.” 


BILL OF ATTAINDER. 

The legislature of England has power to pass 
special acts authorizing the infliction of capital pun¬ 
ishment, without trial, on persons suspected of high 
crimes, such as treason and felony. And such a 
special act is called a of at tain der.^^ 

If such act authorize a less punishment than 
death, it is called a “ hill of pams and penalties^ 
Such power in a legislature is contrary to the spirit 
of liberty, and inconsistent with a free government. 
In order to prevent any such power from ever being 
assumed by our national legislature, the constitution 
prohibits congress from passing any such bills. 


EX POST FACTO LAWS. 

In the European governments, sometimes laws 
have been passed by which an act previously done 
may be punished as a crime, although there was no 
law against it when done. Such laws are called ex 
post facto laws. 

Where laws can be made in that way, the most 


What is a bill of attainder ? 

Is congress allowed to pass any bill of attainder j 
What is an ex post facto law 7 



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92 


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GOVERNMENTAL 

innocent tra.nsactions may subsequently be declared 
to be crimes, and punished as such. Congress is 
therefore very properly “prohibited from passing any 
ex 'jyost facto lawP 

Congress can grant no title of nobility. The only 
nobility which a free country can permit, is nature’s 
nobility. And every titled foreigner wishing to be¬ 
come a citizen of the United States, must renounce 
his title before he can be naturalized. 

To prevent undue foreign influence and interfe¬ 
rence, the constitution provides that no person “ hold¬ 
ing any office of profit or trust under the United 
States shall, without the consent of congress, accept 
of any present, office or title, from any kiiig, prince, 
or foreign state.” 

Hence, when the Imaum of Muscat sent a span of 
beautiful Arabian horses to the President of the Uni¬ 
ted States, as a present, he was not allowed to receive 
them, and they were accordingly sold at auction as 
the property of the United States, and the proceeds 
of the sale deposited in the treasury. 


STATE POWERS PROHIBITED. 

We have said that when the colonies shook off the 
British yoke they became independent, sovereign na- 


Why is congress prohibited from passing any ex postjacto law ? 
Can congress grant any title of nobility ? 

What must a titled foreigner do before he can be a citizen of the 
United States? 

What is said about receiving presents ? 


O 


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INSTRUCTOR. 93 

tions; that whea they adopted the present constitu¬ 
tion they granted special power to the national gov¬ 
ernment ; and that all power not so granted remained 
in the states. 

Lest the powers granted to the general govern¬ 
ment, and the powers remaining in the states should 
interfere with each other, the states have prohibited 
themselves from exercising certain powers. Thus 
the constitution provides that no state shall enter 
into any treaty, alliance, or confederation. This is an 
important provision, and embodies principles which 
were incorporated into the articles of confederation. 
The framers anticipated evils that would result from 
an indifference to the powers delegated to the con¬ 
federacy, and consequently guarded well every prop¬ 
osition to create new relations between the national 
and state governments. 


LETTERS OF MARQUE AND REPRISAL. 

When the subjects of one nation have received in¬ 
juries from the subjects of another nation, or when 


Why are states prohibited from exercising certain powers 1 
Can any state enter into a treaty, alliance or confederation 1 
Why 7 

What did the framers of the constitution anticipate, and what 
have they guarded 1 

___ 


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94 GOVERNMENTAL 

one nation refuses to pay debts which she justly owes 
to another nation, the government of tlie injured na- 
' tion sometimes grants commissions to its subjects, au¬ 
thorizing them to seize the vessels of the offending 
nation and indemnify themselves out of the proceeds. 
This may be done without a declaration of war. 

The commissions authorizing such a method of re¬ 
dress are called “ letters of marque and reprisal.” 

As such a short method of collecting debts always 
! renders a nation more or less liable to a war, the 
I power of granting letters of marque and reprisal, 

! Ought to be vested only in the general government. 
Therefore the constitution declares that “no state 
shall grant letters of marque and reprisal.” Were it 
otherwise one state might, Jtt pleasure, involve the 
j whole union in a war. 


BILLS OF CREDIT. 

No state can coin money or emit bills of credit, or 
make anything a lawful tender in payment of debts, 
but gold and silver coin. 

For several years previous to the adoption of the 


When the subjects of one nation receive injuries from the subjects 
of another nation, what remedy is sometimes pursued ? 

What are such commissions called ? 

Can a state grant letters of marque and reprisal ? 

Why ? 

j What is said of the power of a state respecting money ? 


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INSTRUCTOR. 95 

constitution the country had suffered much from bills 
of credit. In 17T5, the continental congress author¬ 
ized the issue of “bills of credit” to the amount of 
three millions of dollars. But no paper money of any 
description will pass at par with gold and silver, un¬ 
less it can command the gold and silver at any mo¬ 
ment. 

These bills of credit were based entirely on the 
faith of the confederation. The prospect of their re¬ 
demption was very remote. Such being the case, no 
human power could save them from great and rapid 
depreciation. They did depreciate, and congress at¬ 
tempted to remedy the evil b}^ declaring that “ who¬ 
ever should refuse to receive this paper, in exchange 
for any property, as gold and silver, should be deemed 
an enemy to the liberties of these United States.” 

Such a desperate remedy indicated a desperate dis¬ 
ease, and the bills of course depreciated more rapidly 
than ever. New issues continued to be made till the 
whole amounted to three hundred and fifty millions 
of dollars. 

The bills continued to depreciate more and more 
till they became nearly worthless. These bills, how¬ 
ever, were ultimately redeemed by congress. 


What bills did the continental congress authorize to be issued ? 
What kind of paper money can pass at par with gold and silver ? 
What law did congress pass to prevent the depreciation of paper 
money ? 

What was the effect of this law ? 

What amount of those bills were issued ? 

What finally became of those bills of credit? 


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96 GOVERNMENTAL 


No Slate can pass any bill of attainder or ex j)Ost 
facto law ; nor grant any title of nobility. 


CONTRACTS. 

A contract is a mutual agreement between two 
persons or parties. Almost all the business transac¬ 
tions between man and man are performed by enter¬ 
ing into contracts^ either express or implied. When 
the parties have entered into a contract voluntarily,'^ 
and in good faith, both are bound by it. If any third 
party could nullify or impair the contract the right of 
one or both parties would be destroyed. 

Merchants of one state contract with the mer¬ 
chants of other states, so that all the states are con¬ 
nected with each other in mercantile affairs. If the 
one state had the power to enact a law impairing 
contracts, it might, perhaps, injure persons in every 
state in the union. Hence the constitution prohibits 
any state from “passing any law impairing the obli¬ 
gation of contracts.” 

No state can grant any title of nobility, nor keep 
troops, or ships of war, in time of peace, without the 
consent of congress. 


Can a slate pass any bill of attainder, or ex post facto law, or 
grant any title of nobility 1 
What is a contract ? 

Can a state pass any law impairing the obligation of contracts ? 
Why? 

Can a state keep troops or ships of war in time of peace, without 
the consent of congress ? 

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INSTRUCTOR 

Vie have said that the frovernment of the United | 
1 States is divided into three departments, the Legisla- 
1 tive, Executive, and Judicial; and that the legisla¬ 
tive department was vested in the two houses of con¬ 
gress, limited by tlie veto of the president. j 



Into what three departments is the government of the Ualtod 
States divided ? 

In what is the legislative department vested? 












o 


^ 98 GOVERNMENTAL 


EXECUTIVE DEPARTMENT. 

In all monarchical governments, the executive 
power is vested in the king. In the United States it 
is vested in a president. 

The executive power is the power which executes 
the laws. It must be vested in some person or per¬ 
sons who can act promptly, unitedly and efficiently. 
These advantages can be best secured by intrusting 
this department to 07 te wan. If this power was in¬ 
trusted to two or more persons, they might disagree, 
and dangerous and ruinous delays might be the re¬ 
sult. 

In Great Britain and other monarchical countries 
the king reigns not only during his life, but the 
crown is hereditary in his family. 

In tlie United States, as we have said, the president 
is elected every four years, by electors, and can 
continue in office only four years, unless he is re¬ 
elected. The people, therefore, every four years 
have an opportunity of placing the Executive power 


In monarchical governments where is the executive power vested ? 
In the United States where is it vested 1 
What is the executive power ? 

Is it well that the executive power is vested in one man ? 

Why ? 

In monarchical countries how long does the king reign ? 

Is the crown hereditary ? 

How does the president of the United States come into power 1 
How long does he continue in office ? 











INSTRUCTOR. 99 

ill new hands if they think it not safe to intrust it to 
the same person any longer. 

The constitution does not limit the number of 
terms for which a president may hold his office, but 
it has been a custom, thus far, to re-elect him but 
once. Therefore when a president is re-elected he 
holds his office eight years, or two terms; when not 
re-elected he holds his office for four years, or one 
term. 


VICE-PRESIDENT. 

A vice-president is chosen at the same time that 
the president is chosen, and holds his office for the 
same time. The vice-president may also be re-elect¬ 
ed. In case of the death, resignation or impeach¬ 
ment of the president, the vice-president performs the 
duties of president till the next election. 

While the president is performing the duties of his 
office the vice-president’s only duty is to preside over 
the senate during the sessions of congress, and in case 
of a tie to give the casting vote. 

The first instance of the death of a president, was 
that of William H. Harrison, who died on the 4th of 


Can ho be re-elected? 

Wliat has been the custom ? 

When and for how long is the vice-president chosen ? 

Can he be re-elected? 

When does the vice-president perform the duties of president ? 

At other times what is his duty ? 

Which one of the presidents died, and when ? 

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100 GOVERNMENTAL. 

April, 1841, only one month after his inauguration. 
John Tyler, the vice-president, then became acting 
president for the remainder of the term. So, from 
the death of Zachary Taylor, a year and four 
months after his inauguration, Millard Fillmore 
acted as president till Franklin Pierce was in¬ 
augurated. 

PRESIDENT AND VICE-PRESIDENT, HOW CHOSEN. 

The president and vice-president are not elected 
directly by the people. The people vote directly 
for electors, and the electors vote directly for the 
president and vice-president. Each state is entitled 
to as many electors as it is entitled to have senators 
and representatives in Congress. The number of 
electoral votes at the present time (1871) is 317 : 
necessary to a choice, 159. 


Alabama 

8 

Indiana 

13 

Arkansas 

6 

Iowa 

8 

California 

5 

Kansas 

3 

Connecticut 

6 

Kentucky 

11 

Delaware 

3 

Louisiana 

7 

Florida 

3 

Maine 

7 

Georgia 

9 

Maryland 

7 

lUinois 

16 

Massachusetts 

12 

Michigan 

8 

Oregon 

3 


Who succeeded him ? 

How are the president and vice-president chosen ? 

How many electors is each state entitled to ? 

How many votes were all the states entitled to in 1871 ? 
How many were necessary to a choice ? 


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INSTRUCTOR. • 101 1 


Minnesota 

4 

Pennsylvania 

26 

MississijDpi 

7 

Ehode Island 

4 

Missouri 

11 

South Carolina 

6 

Nebraska 

3 

Tennessee 

10 

Nevada 

3 

Texas 

6 

New Hampshire 

5 

Vermont 

5 

New Jersey 

7 

Virginia 

10 

New York 

33 

West Virginia 

5 

North Carolina 

9 

Wisconsin 

8 

Ohio 

21 




No senator or representative, or person holding an 
office of profit or trust under the United States, can 
be an elector. The manner of choosing the presi¬ 
dent and vice-president is as follows : 

The electors meet in their respective states, and 
vote by different ballots for president and vice-pres¬ 
ident, one of whom must not reside in the same state 
with themselves. They make out a correct list of all 
the votes cast, and for which office. This list they 
seal up and send to Washington city, directed to the 
president of the senate. The president of the senate, 
in the presence of the members of the senate and the 
house, opens these lists and counts the votes. 

And if either of the candidates for the presidency 


WMch state has the largest number of electoral votes ? 
Which has the smallest number ? 

Which states have 6 votes ? Which 7 ? 

Who cannot be an elector ? 

What is the mode of clioosing the president and vice-pres¬ 
ident? 

o-6 












GOVERNMENTAL j 

has a majority of all the votes cast for that office, he j 
is declared elected. If no one has such a majority, 
then the house of representatives proceeds immedi¬ 
ately to choose the president by ballot from the three 
highest candidates voted for, for that office. In that 
case the votes are by states; the representation from 
each state having but one vote on the occasion. 

Representatives from two-thirds of the states are 
necessary for a quorum, and a majority of all the 
states is necessary for a choice. 

If the house does not make a choice before the 4th 
of March next following, the presidential chair is con¬ 
sidered vacant, and the vice-president acts as presi¬ 
dent. 

When the president of the senate has counted the 
votes for president, he then counts the votes for vice- 
president. And if either of the persons voted for, for 
vice-president, has a majority of all the votes cast 
for that office, he is declared elected. 

If no one has such a majority, then the senate 
choose the vice-president from the two highest on the 
list. Two-thirds of the whole number of senators is 


Under what circumstances does the house of representatives 
choose the president and vice-president 1 
In that case how many votes has each state 
How many reprcrentatives are necessary to a quorum 1 
What majority is necessary for a choice'? 1 

Wha: I. .h'' house does not make choice before the 4th of March 
next following { 

How many votes must the vice-president have in order to be 
elected by the people 1 


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1 102 


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INSTRUCTOR. 


o- 


103 


a quorum for this purpose, and a majority of the 
hole is necessary to a choice. 

The same qualifications are required for vice-presi¬ 
dent as for president. 


QUALIFICATIONS FOR PRESIDENT. 

To be eligible to the office of a representative, as 
we have seen, a person must be 25 years of age, and 
must have been seven years a citizen of the United 
States. 

To be eligible to the office of senator, a person 
must be 30 years of age, and must have been nine 
years a citizen of the United States. 

The office of president being the highest office m 
the United States, a further degree of qualification 
is necessary to render a person eligible to that office. 
The president therefore must be a natural born citi¬ 
zen of the United States. He must have been four¬ 
teen years a resident of the United States, and also 
must be 35 years of age. 

If the presidential chair becomes vacant during a 
presidential term, the vice-president then takes his 
place and acts as president. If the vice-president. 


If there is no choice of vice-president by the'people how is he to 
be chosen ? 

What are the qualifications for a representative ? 

What are the qualifications for a senator ? 

What are the qualifications for president and vice-president ? 

If the presidential chair becomes vacant who succeeds to the of¬ 
fice of president ? 


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104 GOVERNMENTAL 

when acting as president, should resign, die, or be 
impeached, the president of the senate pro tempore 
would then perform the duties of president of the 
United States. 

If he should fail, then the duties of the president 
would devolve on the speaker of the house of repre¬ 
sentatives, until a new president should be elected. 

The salary of the president is $25,000 per year. 
The salary of the vice-president is $8,000 per year. 


POWERS OF THE PRESIDENT. 

The president is commander-in-chief of the army 
and navy of the states when called into the service 
of the United States. The president is the chief ex¬ 
ecutive of the nation, and is always ready to act 
promptly and efficiently, and it is to he presumed 
wisely. Congress alone can declare war, but the 
president commands the army as soon as it is de¬ 
clared. He is not obliged to command in person, but 
may authorize another to command in his place. 

In Great Britain the king is not only commander- 


If tlie vice-president should then die, who would act as president? 
And if the president of the senate should fail, who then would act 
as president? 

What is the salary of the president 
What of the vice-president ? 

Of what is the president conimander-in-chief? 

Why? 

Is the president obliged to command in person ? 


















INSTRUCTOR. 105 

ill-chief of the army, navy, and militia, but can de¬ 
clare war, and then raise armies and navies, and call 
forth the militia to carry it on. 

Laws cannot he made so as exactly to meet every 
case. When reputation, liberty and life are at stake 
it becomes a matter of the highest importance to the 
offender that no more than justice be done him. He 
may have violated the law ignorantly, or he may 
have reformed. New testimony proving him inno¬ 
cent, or greatly mitigating his crime, may have been 
discovered since sentence was passed. 

To meet such and similar cases the power of grant¬ 
ing reprieves and pardons for offences against the 
United States, except in impeachment cases, is lodged 
in the hands of the president. 

Tlie president negotiates all treaties, but two-thirds 
of the senators present must concur, by yeas and 
nays, or the treaty is void. Thus at tlie session of 
congress in 1843-4,,President Tyler entered into a 
treaty of annexation with Texas, but the senate re¬ 
fused to ratify it, and therefore it could not take ef¬ 
fect. 

The president nominates all ambassadors, and 
other public ministers, consuls, all judges of the su¬ 
preme court, and all other oflicers out of the United 


What is said of the king of Great Britain ? 

Has the president power to grant reprieves and pardons ? 
What cases can he not pardon? 

Who negotiates treaties with otlier nations ? 

Who must concur in those treaties ? 

What officers does the president nominate ? 


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GOVERNMENTAL 

States, not provided for in the constitution, but all 
such nominations must be approved by the senate. 

If the senate rejects the person nominated, the pres¬ 
ident nominates another, or re-nominates the same. 
The appointment is not fully made till the president 
has nominated, the senate approved, and the presi¬ 
dent has signed the commission. 

In England, the king alone makes all the treaties 
of peace, alliance, commerce, and treaties of every 
kind. He also appoints all foreign ministers, ambas¬ 
sadors, &-C. 

' The president having the general care and over¬ 
sight of the interests of the nation, both foreign and 
domestic, is'required “to give information to congress 
from time to time of the state of the union, and to 
recommend to their consideration such measures as 
he shall judge necessary and expedient.” Accord¬ 
ingly, as soon as congress has met and organized, the 
president sends in his annual message. And also, 
during the session of congress, the president sends in 
other messages. 

Occasions may arise during the recess of congress, 
such as foreign invasion, national calamities, insurrec¬ 
tions, &c., when the safety of the nation requires im¬ 
mediate action. The constitution therefore provides 


Must they all be approved by the senate ? 

What if the senate rejects the person nominated ? 

When is the appointment fully made ? 

How are these matters managed in England ? 

Of what is the president from time to time to give information to 
congress ? 


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INSTRUCTOR. 107 

that “the president may convene both hous s ol 
congress, or either of them, on extraordinary occa¬ 
sions.” 

An extra session of congTess was called in this 
way by John Adams, in 1797, by James Madison, 
in 1809, and by other presidents at different times. 

The king of England has power to ^prorogue, in 
other words, to adjotirn parliament at any time. But 
the president of the United States can adjourn con¬ 
gress only in case of disagreement between the two 
houses as to the time of adjournment. 

The president receives all ambassadors and public 
ministers from foreign govern uents. 

The president is also requhed to see that the laws 
of the tfnited States be faithfully executed, and to 
commission all officers of the United States. 

The following is a list of the presidents and vice- 
presidents of the United States. 

1. George Washington, Va., inaugurated April 30, 
1789, President 8 years. John Adams, Mass., Vice- 
President 8 years. 

2. John Adams, Mass., inaugurated March 4,1797, 


What can the president convene on extraordinary occasions ? 
When and by whom have extra sessions of congress been called? 
When only can the president adjouni congress ? 

What laws is the president required to see faithfully executed ? 
Whom does the president commission ? 

Who was the first president ? When was he inaugurated ? 

How long did ho serve ? 

Who was the second president ? 

When inaugurated? 


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108 GOVERNMENTAL 

President 4 years. Thomas Jefferson, Va., Vice-Pres¬ 
ident 4 years. 

3. Thomas Jefferson, Va., inaugurated March 4, 
1801, President 8 years. Aaron Burr, N. Y., Vice- 
President 4 years. George Chnton, N. Y., 1805, 
Vice-President 4 years. 

4. James Madison, Va., inaugurated March 4, 
1809, President 8 years. George Clinton, N. Y., 
Vice-President 4 years. Elbridge Gerry, Mass., 1813, 
Vice-President 4 years. 

5. James Monroe, Va., inaugurated March 4,1817, 
President 8 years. Daniel D. Tompkins, N. Y., 
Vice-President 8 years. 

6. John Q,uincy Adams, Mass., inaugurated March 
4, 1825, President 4 years. John C. Calhoun, S. C., 
Vice-President 4 years. 

7. Andrew Jackson, Tenn., inaugurated March 4, 
1829, President 8 years. John C. Calhoun, S. C., 
Vice-President 4 years. Martin Van Buren, N. Y., 
1835, Vice-President 4 years. 

8. Martin Van Buren, N. Y., inaugurated March 
4, 1837, President 4 years. Richard M. Johnson, 
Ky., Vice-President 4 years. 

9. William it. Harrison, Ohio, inaugurated March 


How long did he serve ? 

Who was the third president ? 
Who was the fourth president ? 
Who was the fifth president ? 
Who was the sixth president ? 
Who was the seventh president ? 
Who was the eighth president? 
Who was the ninth president ? 


How long did he hold the office ? 

How long did he hold the office? 
How long did he hold the office ? 
How long did he hold the office ? 
How long did he hold the office? 
How long did he hold the office ? 


o 


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INSmuCTOK. 109 

4, 1841, President 1 month. John Tyler, Ya., 
Vice-President 1 month. 

10. John Tyler, Ya., acting President 3 years 
and 11 nmnths. 

11. James K. Polk, Tenn., inaugurated March 
4, 1845, President 4 years. George M. Dallas, 
Pa., Vice-President 4 years. 

12. Zachary Taylor, La., inaugurated March 4, 
1849, President 1 year and 4 months. Millard 
Fillmore Vice-President 1 year and 4 months. 

13. Millard Fillmore acting President 2 years 
and 8 months. 

14. Franklin Pierce, IST. H., inaugurated March 
4, 1853, President 4 years. William E. King, 
Ala., Vice-President 1 month and 14 days. 

15. James Buchanan, Pa., inaugurated March 
4, 1857. John 0. Breckinridge, Ky., Vice-Presi¬ 
dent. Term of each 4 years. 

16. Abraham Lincoln, lU., inaugurated March 4, 
1861, President 4 years, 1 month, and 10 days. 
Hannibal Hamlin, Vice-President 4 years. Andrew 
Johnson, Tenn., Vice-President 1 month and 10 days. 

17. Andrew Johnson, acting President 3 years, 

10 months, and 20 days. 

18. Ulysses S. Grant, HI., inaugurated March 4^ 
1869. Schuyler Colfax, Ind., Vice-President. 


How long did he hold oflBce ? Who succeeded him ? How 
long did Tyler act as president ? How long was Polk presi¬ 
dent? How long Taylor? How long did Fillmore act as 
president? Pierce? Buchanan? When was Lincoln in¬ 
augurated ? How long was he president ? How long did 
Johnson act as president ? When was Grant inaugurated ? 

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o 


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110 GOVERNMEi^TAL 


CABINET. 

The president is assisted in the performance of 
his duties by several officers who compose his cabinet, 
and who are his constitutional advisers. They are 
the secretaries of state, of the treasury, of war, of the 
navy, and of the interior; the postmaster general, 
and the attorney general. They are all executive 
officers. They are nominated by the president, and 
approved by the senate, and are removable by the 
will of the president. 

If a vacancy happen in the cabinet during the 
recess of congress, the president may appoint an 
officer, pro tempore, to fill his place till the next 
meeting of congress. 

The following is the oath which the president of 
the United States is required to take before entering 
upon the duties of his office : 

“I do solemnly swear (or affirm) that I will faith¬ 
fully execute the office of president of the United 
States, and will, to the best of my ability, preserve, 
protect, and defend the constitution of the United 
States.” 


By whom is the p|iesident assisted ? 

What officers compose the cabinet ? 

How are they appointed ? 

How are vacancies in the cabinet during the recess of con¬ 
gress filled ? 

What oath is the president required to take ? 


o 


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INSTRUCTOR. 


-L/ 

111 


JUDICIARY. 

We have already spoken of the Legislative and 
Executive departments ; we now come to the Judi¬ 
cial department. 

The judicial department is the department that 
judges of the laws. 

The celebrated writer Montesquieu has remarked 
that “ there is no liberty if the judiciary power be not 
separated from the legislative and executive powers.” 
And the experience of the world in all ages has 
proved the truth of the remark. Therefore, in 
framing the constitution, great care was taken to pre¬ 
serve the judiciary free and independent of the other 
powers. 

As the judiciary may be called upon to decide the 
constitutionality or unconstitutionality of any legis¬ 
lative act, its powers should be co-extensive with the 
legislative powers. It must have power to carry into 
effect all constitutional acts, and to prevent unconsti¬ 
tutional acts from being enforced. 

The efficiency and permanency of a government 
depend in a great measure upon the prompt and com¬ 
plete administration of public justice. 


is the judicial department ? 

What has Montesquieu remarked ? 

How extensive ou^ht the powers of the judiciary to be*? 

Upon what do thj efficiency and permanency of a government 
depend ? 












o 



The constitution provides that “ the judicial power 
of the United States shall be vested in one supreme 
court, and m such inferior courts as the congress may 
from time to time ordain and establish.” 


SUPREME COURT. 


The Supreme Court at present, consists of one 
chief justice, and eight associate justices, to wit: 


s Residence. 

Appointed. Salary. 

Salmon P. Chase, 

Ohio, 

Chief Jus. 

1864 $6,500 

Samuel Nelson, 

N. Y. 

Ass. Jus. 

1845 

6,000 

Nathan Clifford, 

.Me. 

a 

1858 

6,00t 

David Davis, 

Ill. 

ct 

1862 

6,000 

Noah H. Swayne, 

Ohio, 

i( 

1862 

6,000 

Samuel F. Miller, 

Iowa, 

a 

1862 

6,000 

Stephen J. Field, 

Cal. 

(C 

1863 

6,000 

William M. Strong, 

Penn. 

ct 

1871 

6,000 

Joseph P. Bradley. 

N. J. 

it 

1871 

6,000 


The supreme court is held annually in the city of 
Washington, commencing on the first Monday of 
December. 

The judges of the supreme court are appointed by 
the president, by and with the consent of the senate. 


In what is the judicial power of the United States vested? 
Of what does the supreme court consist? 

Who is now the chief justice? 

When appointed? 

What is the salary of an associate justice? 

How often, when and wliere is tlie supreme court held ? 
How are the judges of the supreme court appointed ? 


o 


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o 


o 

INSTRUCTOR. 1 13 

If the judges were elected directly by the people, 
they would be very liable to be intluenced in favor of 
the party which elected them, and to have strong 
prejudices against the party which opposed them. 
They would be more liable to be bribed than if they 
were appointed by the president. 

The judiciary should be as free as possible from all 
personal or party feelings. They should have no 
fears of losing their office by doing the:r duty fear¬ 
lessly and impartially. They should be above and 
beyond the reach of the clamors of the people, and 
the popular excitements of the day. They are ex¬ 
pected to be cool, deliberate, unbiased and undisturbed 
at all times, whatever may be the accidental popular 
sentiment around them# This could not be the case 
if they were directly dependent on the mass of the 
people for their election or for the tenure of their of¬ 
fices. 

The judges are therefore appointed by the president 
and hold their offices during good behavior^ by which 
is meant that they cannot be turned out of office 
except by impeachment, or on commission of high 
crimes and misdemeanors. So long as they are com¬ 
petent to discharge their duties, and continue faith¬ 
fully to do so, they cannot be removed. Neither con¬ 
gress nor the president has any authority over them, 
nor can they in any way interfere with them in the 
discharge of their duties. 


Why ought they not to be chosen directly by the people ? 
How long do the judges hold their office ? 

What is meant by good behavior ? 


6 


10* 


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o 


ll4 GOVERNMENTAL 

Tile supreme court has original jurisdiction in all 
civil suits between two or more states, or between one 
state and a foreign state. 

No state court can properly decide a dispute be¬ 
tween two states, for they would then be judges in 
their own case. None but a national court is compe¬ 
tent to give final judgment in such a case. 

In cases where a state is plaintiff and a citizen of 
another state, or an alien is defendant, the supreme 
court has original jurisdiction, but not exclusive ju¬ 
risdiction. 

A court has original jurisdiction of a suit where it 
may be commenced in such court. A court is said to 
have exclusive jurisdiction of a suit when it can be 
tried in such court and no other. 

The supreme court of the United States has juris¬ 
diction of all cases in which the United States shall 
be a party ; of controversies between citizens of dif¬ 
ferent states; and between citizens of the same state 
claiming lands under grants from different states, and 
between the citizens of one state and foreign states. 


Of what suits has the supreme court original jurisdiction? 
Of what original, but not exclusive jurisdiction ? 

When is a court said to have original jurisdiction ? 

When is a court said to have exclusive jurisdiction ? 

Of what other cases has the supreme court jurisdiction ? 


o- 


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115 


INSTRUCTOR. 


j PUBLIC MINISTERS. 

Governments, in order to transact national busi¬ 
ness with other governments, are obliged to employ 
agents who may represent the general government. 
These agents are generally called public ministers, 
and are of several classes. 

1. Ambassadors, who are the highest, and are con¬ 
sidered as personally representing their sovereigns. 

2. Envoys Extraordinary, and Ministers Plenipo¬ 
tentiary. 

3. Ministers Resident, and Ministers Charges d’Af- 
faires. 

4. Common Charges d’Affaires. There are likewise 

Consuls and Commercial Agents, and they gener¬ 
ally reside in the places where they perform the du- 

I ties of their office. 

These officers being national officers, transacting 
national business, no court can properly have juris¬ 
diction of cases against such foreign officers, residing 
or being in the United States, but the supreme court 
of the United States. 


What are those officers called who are employed by governments 
to transact business with other governments? 

What are public ministers of the highest class called? 

What are those of the second class called ? 

What the third ? 

What the fourth ? 

What are consuls? 

Why can only the courts of the United States have jurisdiction 
of cases against such officers ? 


o 











116 GOVERNMENTAL 

For these and other reasons the constitution pro¬ 
vides, that in suits against ambassadors and public 
ministers and their servants, this court has original 
and exclusive jurisdiction. Therefore such suits can 
be brought and tried only in this court. 

But in case of suits brought hy ambassadors or 
public ministers, or in which a consul or vice-consul 
is a party, the supreme court has original but not ex¬ 
clusive jurisdiction. Therefore such suits may be 
brought in this court, or in some other, 
s When a case is appealed from a lower court to a 
higher, all the facts^ and all the law applicable to 
those facts are subjected to a review. 

When a case is removed from a lower court to a 
higher, by “ writ of error^’’ nothing is re-examined 
but the law. 

In cases where appellate jurisdiction is given to 
the supreme court, original jurisdiction is not given ; 
so that such cases must first be brought in some in¬ 
ferior court, and may then be appealed to the su¬ 
preme court. And some of these cases may originate 
in the state courts. For example, where the validity 
of a treaty, or law or authority exercised under the 
United States, is called in question, and the judgment 
of the state court is against the validity. 


Of what cases has the supreme court original but not exclusive 
jurisdiction? 

Wlien a case is appealed from a lower court to a higher, what is 
subjected to review? 

What is reviewed when a case is taken up by a writ of error ? 


f) 


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INSTRUCTOR. 


117 


-c 


CIRCUIT COURTS. 

We have seen that the judicial power of the Uni¬ 
ted States is vested in a supreme court, and such in¬ 
ferior courts as congress may from time to time or¬ 
dain and establish. 

One of these inferior courts which congress has 
established, is the circuit court of the United States, 
and another is the district court of the United States. 

The United States are divided into nine circuits, 
in each of which a circuit court is held twice every 
year. The courts are held by one of the judges of 
the supreme court of the United States, assisted by 
the judge of the district court of the United States, 
in the district where the court sits. 

CIRCUITS. 

1. Maine, N. Hampshire, Mass., and R. Island. 

2. Vermont, Connecticut, and New York. 

3. New Jersey, Pennsylvania, and Delaware. 

4. Maryland, Virginia, W. Va., N. Car., and S. Car. 

5. Georgia, Florida, Ala., Miss., La., and Texas. 

6. Ohio, Michigan, Kansas, and Tennessee. 

7. Illinois, Indiana, and Wisconsin. 

8. Minnesota, Iowa, Mo., Kan., Ark., and Neb. 

9. California, Oregon, and Nevada. 


What inferior courts has congress established? 

Into how many judicial circuits are the United States divided? 
How often is a circuit court held in each ? 

By whom are they held? 


o 


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GOVERNMENTAL 


(; - 

118 


— Q 


These circuit courts, like all other United States 
courts, are of limited jurisdiction. 

To give the circuit court jurisdiction, the sum in 
controversy must exceed $500. 

One of the parties to a suit in the circuit court, 
must oe a citizen of the state in which the suit is 
brought. 

If both parties to a suit are aliens, the circuit court 
has no jurisdiction, if one party only is an alien, this 
court has jurisdiction. 

- Each circuit court has jurisdiction of all crimes 
committed against the laws of the United States, in 
the district in which it sits. Cases may be appealed 
from the district to the circuit court of the United 
States. 


DISTRICT COURTS. 

The next class of inferior courts of the United 
States, is the district courts. 

The United States are divided into sixty dis¬ 
tricts, in each of which is a district court and a dis- 


Are the circuit courts of limited jurisdiction ? 

What must be the sum in controversy ? 

What must one of the parties be ? 

What if both parties are aliens? 

What if one is an alien? 

U hat is said of criminals? 

Into how many judicial districts are the United States divided? 
What is there in each? 


Q' 


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INSTRUCTOR. 119 

trict judge, \\ ho resides in the district for which he is 
appointed. 

These district courts also have a limited jurisdic¬ 
tion. They have jurisdiction of cases for penalties 
and forfeitures under the laws of the United States ; 
for seizures on the water within three miles of the 
shore ; where the United States are plaintifls ; where 
consuls and vice consuls are defendants ; for repeal 
of letters patent for inventions, and in several other 
cases. 


TERRITORIAL COURTS. 

There is another class of inferior courts establislied 
by congress, in accordance with the provisions of the 
constitution, and these are the territorial courts^ that 
is, courts held in the territories of the United States. 


MARSHALS. 

A Marshal is a civil officer, appointed by the 
President and Senate of the United States in each 
judicial district. His duties are similar to those of 


Have these courts a limited jurisdiction 1 
Of what cases have they jurisdiction! 

What other class of inferior courts has been established by con¬ 
gress 1 

What is a Marshal ! 

o—— -— - 












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I 120 GOVERNMENTAL 

j- 

the sheriff of a county, as he executes all precepts 
directed to him, issued under the authority of the 
United States. 


TRIAL BY* JURY. 

An amendment to the constitution has secured the 
right of trial by jury to all persons in all criminal 
cases, and in all civil suits where the sum in contro¬ 
versy exceeds twenty dollars. To this, there are, 
however, the following exceptions, viz.: cases arising 
in the land or naval forces, or in the militia, when in 
actnal service, in time of war or public danger. 

The constitution also provides that crimes shall be 
tried in the state where committed. If not commit¬ 
ted in any state, congress appoints a place for trial. 

The accused shall be informed of the nature and 
cause of the accusation, and shall be confronted with 
the witnesses against him. He may also have com¬ 
pulsory process for obtaining witnesses in his favor, 
and may have the assistance of counsel. 


What are the duties of Marshall 

To whom is the trial by jury secured by the constitution 1 

What exceptions 'I 

Where shall the accused be tried 1 

Of what shall he be informed, and with whom shall he be con- 
j fronted 1 

J What may he have for obtaining witnesses 1 

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INSTRUCTOR. 151 


In the early history of the English courts, the ac¬ 
cused was not allowed any witnesses or counsel. 
Su(di a course of proceeding would be inconsistent 
with a free government. And therefore the constitu¬ 
tion provides that the accused shall have both wit¬ 
nesses and counsel if he chooses. 

In ancient monarchies a person might be seized by 
the command of the king, and punished without any 
formal trial, or with a trial before the king or some 
of his ministerial officers. And in some monarchical 
countries at the present time, certain crimes may be 
punished in the same way. When such a course is 
! pursued, innocent persons are liable to be accused 
, and punished before they have time or opportunity to 
j establish their innocence. The guilty are liable to 
‘ he punished too severely. Private revenge and per¬ 
sonal feeling might be gratified under the name of 
the administration of justice. 

To provide against these and other evils, an amend- 
j ment to the coiistitution declares that no person 

I shall be held to answer for a capital or infamous 
I crime, unless on a presentment or indictment of a j 
I grand jury.” _ , 

I A grand jury is composed of not less than twelve 
i and not more than twenty-three good and lawful 


May he have counsel ? 

In ancient monarchies how was the criminal law administered ? 
How is it in some monarchical countries at the present day ? 
What objection to such a mode of procedure ? 

What does an amendment of the constitution declare on this sub¬ 
ject ? 

Of whom is a grand jury composed ? 


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11 


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GOVERNMENTAL 


D- 


122 


C 


meiij’’ selected by the sheriff from the county or dis^ 
trict in and for which the court is held. It is the 
duty of the grand jury to act as accusers of suspected 
persons. The accusation must be written, and at 
least twelve of the grand jury, under oath, must 
agree, or the suspected person cannot be held to trial. 
If the accusation of the grand jury is founded on 
their own personal knowledge of the facts, it is called 
a yresentment; if on facts derived from the testi¬ 
mony of others, it is called an indictment. 

After the suspected person has been thus legally 
accused he may be held to trial. The jury by 
which he is tried is called the yetit or traverse jury. 
They consist also of good and lawful men, summoned 
from the body of the county or district in which the 
court sits. The most usual number summoned is 
forty-eight; but only twelve are sworn on anyone 
trial. This jury is entirely separate from, and inde¬ 
pendent of, the grand jury. They must be disinter¬ 
ested and unbiassed men, or the accused may chaU 
tenge them, as it is called, and have other persons 
substituted in their place. 

The twelve jurymen who are sworn on any trial 
must all agree upon a verdict of guilty, or the ao 


How many of the grand jurors must agree in order to indict a 
person ? What is a presentment ? 

What is an indictment ? 

When can a person be held to trial ? 

What is a jury by which a person is tried called ? 

How many of the traverse jury are sworn on any one trial ? 

Has the traverse jury any connexion with the grand jury 
Must all the twelve on a jury agree in order to convict? 










INSTRUCTOR. 


123 


cxised cannot be convicted. If he is convicted, the 
judge then passes sentence, and the executive officer 
enforces the sentence. 

Therefore no person can be 'punished for a high I 
crime, without being first accused by twelve of his 
peers, and afterwards found guilty by twelve others 
of his peers; so that he must be declared guilty by at | 
least twenty-four disinterested men, or he cannot be I 
legally punished. 

The same amendment of the constitution provides [ 
still further, that “no person shall be twice put in j 
jeopardy of life and limb for the same offence,” | 
which means that a person, having been tried once | 
for an offence, and acquitted or convicted by the ver¬ 
dict of a jury, and judgment being given upon such 
verdict, cannot be tried again for the same offence. 

It does not mean that a person cannot be tried a 
second time for the same offence, if the jury has been 
discharged without giving a verdict, or having given 
a verdict if judgment has been arrested, or a new trial 
been granted in favor of the accused : for in such 
cases he has not yet been put in jeopardy of life and 
limb. 

In early times suspected persons were sometimes put 
to the rack, or subjected to various other tortures, un¬ 
der the pretence of forcing them to confess their guilt. 


How many men must in the end declare a person guilty before 
he can be punished ! 

Can a person be twice put in jeopardy of life and limb for the 
same offence ? 

In early times how were suspected persons often treated ? 














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o-—- 

I 124 GOVERNMENTAL 

The most horrid cruelties were in this way often 
practised upon the innocent as well as the guilty, un¬ 
der the show of administering public justice. The in¬ 
nocent in the moment of torture, would often confess 
themselves guilty in order to escape present suffering, 
and the confessions thus forced out of them were used 
as evidence to condemn them. 

To guard against every improper influence of a 
similar kind, it is provided in an amendment to the 
constitution, that “ no person shall be compelled, in 
any criminal case, to be a witness against himself.” 


TREASON. 

Treason is the highest crime known to the laws, 
for its aim is to overturn the government, and the 
means used are such as necessarily lead to great dis¬ 
turbance and bloodshed. It is therefore held in the 
greatest abhorrence in all countries, and punished 
with the greatest severity. 

Formerly treason was punished in England in the 
following manner: the offender was drawn to the gal¬ 
lows on a sledge. He was then hung by the neck, 
but cut down while yet alive, and his entrails taken 


Were tlio innocent made to suffer as well as the guilty? 

What use was made of confessions thus forced from persons ? 
What provision is made in an amendment to the constitution to 
prevent such influences ? 

Why is treason the highest crime known to the laws 
How was treason formerly punished in England ? 

Q- 


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INSTRUCTOR. 125 

out and burned. He was then belieaded and Ids 
body cut into four quarters. All his lands and tene¬ 
ments were forfeited, from the time of committing the 
treason, and all his goods and chattels, from the time 
of his conviction. 

His blood was also cornipted^^^ so that none of 
his descendants, to the remotest generation, could in- , 
hrrit any property through him. 

Treason, in England, is now punished by behead¬ 
ing. In the United States it is punished by hanging. 

Tlie constitution of the United States defines trea¬ 
son thus: Treason against the United States shall 
cjiisist only in levying war against them, or in adher¬ 
ing to their enemies, giving them aid and comfort.” 

Therefore a mere agreement or conspiracy to levy 
war is not treason; nor is a secret meeting of un¬ 
armed conspirators, though with treasonable intent; 
nor is the enlistment of men to serve against the 
government, treason. They are high misdemeanors 
but not treason. There must be an actual levy¬ 
ing of war, or adhering to the enemy, or the offence 
of treason is not complete. 

'^rhe crime of treason is so atrocious, so destructive 
to all civil society, that it ought to meet with certain 
punishment, and yet it is so infamous and detestable 
that every precaution should be taken to prevent any 
innocent person from being convicted. 


How is treason now punished in England ? 

How in the United States ? 

How does the constitution define treason ? 

Wliat olfences are high misdemeanors but not treasolll ? 


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126 GOVERNMENTAL 

It is therefore specially provided in the constitution 
that “ no person shall be convicted of treason unless 
on the testimony of two witnesses to the same overt 
act^ or on confession in open court.” 

One credible witness is sufficient to prove any other 
crime, but two witnesses are required to prove an act 
of treason. The humane maxim of the law that “ it 
is better that ninety and nine guilty persons should 
escape, than that one innocent person should suffer,” 
seems to have been extended still farther, and opened 
another door of escape by requiring two witnesses. 


CITIZENS. 

The adoption of the constitution of the United 
States established the government of the United 
States as a national government. Therefore the citi¬ 
zens of each and every state are citizens of the 
United States, and removal from one state to an¬ 
other does not affect their citizenship. 

The United States is one nation, and a citizen of 
one part must be a citizen'of each and every other 
part. Hence the constitution declares that “ the cit¬ 
izens of each state shall be entitled to all immunities 
and privileges of citizens in the several states.” 


How many witnesses are required to prove an act of treason ? 
How many are required to prove any other crime ? 

Why are two witnesses required to prove an act of treason ? 
What does the constitution declare respecting citizens ? 


G 


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INSTRUCTOR. 



FUGITIVE CRIMINALS. 

Persons sometimes commit crimes in one state and 
then flee into another. To reach such persons, and at 
the same time prevent all interference of one state in 
the affairs of another, it is provided in the constitution 
that when persons, charged with high crimes, flee into 
another state, the executive authority of the state 
from which they flee may demand them from the ex¬ 
ecutive of the state to which they flee, and that the} 
shall then be delivered up to be tried in the state in 
which the crime was committed. 


GUARANTY. 

Every government ought to possess sufficient powei 
to protect itself not only as a whole, but in part, 
lilach state being a part of the national government 
has a right to ask protection from that government in 
cases of danger. A state might be invaded by a for¬ 
eign power or by another state. It might be overrun 
by an insurrection, or its government might be sub¬ 
verted or endangered by a faction. The constitution 


What is to be done when persons commit crimes in one state and 
then flee into another ? 

What has the constitution guarantied to each state ? , 


o 


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o-^-9 

12S GOVERNMENTAL 

therefore guaranties a republican form of government 
to every state in the Union, and, promises to protect 
each of them against invasion and domestic violence. 


AMENDMENTS. 

No human institution is perfect. No constitution 
can be so formed as to meet every change in tlie con¬ 
dition of a nation. It has been tlierefore })rovided 
that amendments may be made to the constitution of 
the United States in the following manner: 

Two-thirds of the members of both houses of con¬ 
gress may propose amendments ; or the legislatures 
of two-thirds of ttie states may apply to congress to 
call a convention to propose amendments, and con¬ 
gress is then bound to call such convention. 

The proposed amendments are then sent to the 
several states for ratification. And congress may de¬ 
termine whether they shall be ratified by tlie legisla¬ 
tures of the states or conventions of the states. And 
when they have been so ratifi( d by three-fourths of 
the states, the amendments then become part of the 
constitution. 

The constitution, laws, and treaties of the United 
States are the supreme law of the land; and the 
judges of every state are bound thereby. 


How can amendments to the constitution be made ? 
What is the supreme law of the land ? 


o 


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INSTRUCTOR. 129 

All the legislative, executive and judicial officers of 
the United States are bound by oath or affirmation to 
support tlie constitution. 


RELIGION. 

It was the policy of the English :olonies in this 
country, from a very early period to preserve church 
and state separate. When those colonies became in¬ 
dependent states they continued the same policy. It 
is therefore provided in the constitution of the United 
States, that no religious test shall ever be required as 
a qualification to any office or public trust under the 
United States. And an amendment to the constitu¬ 
tion further provides that “congress shall make no 
law respecting an establishment of religion, or pro 
hibiting the free exercise thereof.” 


LIBERTY OF SPEECH AND OF THE PRESS. 

In every free government great freedom must be 
allowed to all in speaking and writing their views 


What officers are required to take an oath or affirmation to sup¬ 
port the constitution? 

What was the policy of the English colonies as to church and 
state ? 

What is said in the constitution respecting religious test ? 

What is further provided in an amendment ? 


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130 GOVERNMENTAL 

and opinions. For a popular government can be sus¬ 
tained only by a correct public opinion. And one of 
the most efficient means of securing such opinion, is 
by a free press. For this reason it is provided in an 
amendment to the constitution that “ congress shall 
make no law for abridging the freedom of speech or 
of the press.” 

By this it is not meant that any one may say and 
print what he pleases. It only gives him liberty to 
say and print any thing that will not injure or en¬ 
croach upon the rights of others ; or which is neces¬ 
sary for the public good. If granting liberty of speecli 
and of the press gave to any one an unlimited license 
to abuse, vilify and defame others at pleasure, no 
man’s reputation would be safe. It would be giving 
the evil disposed portion of community an opportu¬ 
nity to sacrifice the dearest interests of others for 
their own amusement, or to gratify a spirit of re¬ 
venge. 


RESERVED RIGHTS OP THE STATES. 

The powers not delegated to the United States by 
the constitution, nor prohibited by it to the states, are 
reserved to the states respectively, or to the people. 


How only can a popular government be sustained ? 

What says the constitution respecting freedom of speech and of 
the press ? 

What is meant by freedom of speech and of the press ? 

What is said of reserved rights of the states ? 


c 


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INSTRUCTOR. 131 j 

We have now finished our brief examination of 
rl! the powers, Legislative, Executive, and Judi¬ 
cial, which have been granted to the general govern- 
j ment by the states. The reserved powers still re- 
I maining in the states form the state governments. 


What do the powers still remaining in the slates form ? 


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o 


r: - 

132 GOVERNMENTAL 


STATE GOVERNMENTS. 

We have seen that all governments are composed 
of three great departments, legislative, executive and 
judicial; that when the American colonies threw off 
the authority of Great Britain, each of them became 
a sovereign nation, possessing in itself all the powers 
of government; that when the states formed them¬ 
selves into a national government by granting part 
of their own sovereign power, that national govern¬ 
ment became a sovereign nation as to the exercise of 
all power granted to it, while the states still remained 
sovereign as to all remaining powers. These remain¬ 
ing powers are also divided into legislative, judicial 
and executive. 

The legislative power in each state is vested in a 
senate and house of representatives. 

MAINE. 

The senate and house of representatives of the 
state of Maine, are elected annually by the people, on 
the second Monday of September. These two houses 
together are called the “ Legislature of Maine.” 
They meet annually on the first Wednesday of 


Of what three great departments are all goveniments composed ? 

In what is the legislative power of each state vested ? 

For how long and when are the house and senate of Maine 
elected ? ! 

S_^___ i 









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INSTRUCTOR. 133 

Jan, at Augusta. The house is composed of 151 
members, and the senate of 31 members. 

NEW HAMPSHIRE. 

The members of the senate and house of represen¬ 
tatives of New Hampshire, are elected annually on 
the second Tuesday in March. They meet annually 
at Concord, on the first Wednesday of June. The 
name of the two legislative bodies is “ The General 
Court of New Hampshire.” The senate is composed 
of 12 members, and the house of 326. 

, VERMONT. 

The senate and house of representatives of Ver¬ 
mont are elected annually on the first Tuesday in 
September, and are together styled “The General 
Assembly of the State of Vermont.” They meet an¬ 
nually at Montpelier, on the second Thursday of Oc¬ 
tober. Vermont has had a senate only since 1836. 

It now consists of 30 members, and the house of 241. 

MASSACHUSETTS. 

The senate and house of representatives of Massa¬ 
chusetts are chosen annually, on the second Tuesday 

How many members in the house ? How many in the senate ? 

flow often are the senate and house of New Hampshire elected? 

" How many members in the senate ? How many in the house ? 

How often and when are the senate and house of Vermont elected? 

How long has Vermont had a senate ? 

Of how many members does it consist ? How many in the hous(; ? 

For how long and w hen are the senate and house of Massachu¬ 
setts chosen ? 

A 

-—— w 


o 


12 










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o——-—- 

134 GOVERNMENTAL. 

of November, and are together called “ The General 
Court of Massachusetts.” They meet annually at 
Boston, on the first Wednesday in January. The 
senate is now composed of 40 members, and the 
house of 240. 


RHODE ISLAND. 

Rhode Island governed herself till 1842, by the 
charter which she received from Great Britain when 
a colony. She then adopted a constitution, which 
went into operation on the first Tuesday of May, 
1843. 

The senate is composed of the governor, lieuten¬ 
ant-governor, and 34 senators. The house of repre¬ 
sentatives consists of 72 members. The senators 
and representatives are chosen annually on the first 
Wednesday in April. The General Assembly ” 
holds its sessions annually, at Newport, on the last 
Tuesday in May; and on the last Monday in Octo¬ 
ber, once in two years at South Kingston, and the 
intermediate years, alternately, at Bristol and East 
Greenwich. This second session adjourns every 
year to Providence. 

CONNECTICUT. 

Connecticut formed its present constitution in 

How many members in the senate ? In the house ? 

How did Rhode Island govern herself till 1842 ? 

When did her present constitution go into operation ? 

Of what is her senate composed 7 

Of what is her h»use composed ? 

When and for how long are her senators and representatives 
chosen ? 


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INSTRUCTOR. 


3- 


--O 


135 


1818. The legislative power is vested in a senate 
and house of representatives, which, together, are 
styled “ The General Assembly.” They are all 
elected annually, on the first Monday of April, and 
the assembly meets annually on the first Wednesday 
of May, alternately, at Hartford and New Haven. 
The senate consists of 21 and the house of 239 
members. 

NEW YORK. 

New York formed its present constitution in 1846. 

The legislative power is vested in a senate of 32 
members, elected for 2 years. The house of repre¬ 
sentatives is composed of 128 members, who are 
elected annually. The senate and house are to¬ 
gether styled “ The Legislature.” They are elected 
on the first Tuesday of November, and meet annually 
at Albany, on the first Tuesday of January. 

NEW JERSEY. 

New Jersey adopted her present constitution in 
1844. The senate consists of 21 members, one from 
each county, chosen for three years, one-third to be 


For how long and when are the senate and house of Connecticut 
chosen ? 

When and where do they meet ? 

How many in her senate ? In her house ? 

How many members in the senate of New York, and for how 
long elected 

How many in her house, and for how long elected ? 

When did New Jersey adopt her present constitution? 

Of how many is l.er senate composed, and for how long chosen? 


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136 • GOVERI^MENTAL 

chosen annually. The members of the house of 
representatives, 60 in number, are chosen annually. 
The state election is held on the Tuesday after the 
first Monday in November. The legislature meets 
on the second Tuesday in January. The governor 
is chosen by a plurality vote for three years. 

PENNSYLVANIA. 

The present amended constitution of Pennsylva¬ 
nia was adopted in 1838. The senate and house of 
representatives are together called “ The General 
Assembly.” The members of the house, numbering 
100, are chosen annually on the second Tuesday of 
October. The senators, 33 in number, are chosen 
at the same time, and hold their office for three 
years. One-third of them are chosen each year. 
The number of senators can never be less than one- 
fourth, nor more than one-third of the number of 
representatives. The general assembly meets an¬ 
nually at Harrisburg, on the first Tuesday of Jan¬ 
uary. The governor is chosen for three years. 

DELAWARE. 

Delaware adopted her present amended consti¬ 
tution in 1838. ' The legislative power is vested in 
a senate and house of representatives, which, to- 


When is her election ? 

When was the present constitution of Pennsylvania adopted ? 
When and for how long are the members of the house of 
Pennsylvania chosen ? 

j What is her present number of representatives ? 

I How many in her senate ? 

o- 


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o 


IJiTSTllUCTOR. 137 

gether, are styled “The General Assembly.” The 
senate consists of 9 members, elected for four years. 
The house consists of 21 members, elected for two 
years. The election of both senators and repre¬ 
sentatives is on the first Tuesday in August. The 
general assembly meets once in two years, at Dover, 
on the first Tuesday in January. The governor is 
elected by the people for four years. 

MARYLAN^D. 

The legislative poTver of Maryland is vested in a 
senate of 24 members, and a house of delegates of 
86 members, wliich, together, are styled' “ The Gen¬ 
eral Assembly of Maryland.” The members of the 
house of delegates are elected biennially, on the 
Tuesday after the first Monday in November. The 
senators are chosen for four years, one-half being 
elected every second year. Delegates and senators 
are elected by the people. The general assembly 
meets biennially at Annapolis, on the first Wednes¬ 
day in January. The governor is elected by the 
people for four years. 

VIRGINIA. 

In Virginia the legislative power is vested in a 
senate of 43 members, and a house of delegates 


Of how many members does the senate of Delaware consist, 
and for how long elected ? 

How many in the house, and for how long elected ? 

What is said in regard to Maryland ? 

Where does the general assembly meet ? 

How many in the senate of Virginia ? 


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o— 

i 138 


O 


GOVERNMENTAL 

of 138 members, which bodies are together styled 
“ The General Assembly of Virginia.” The dele¬ 
gates are elected biennially on the Tuesday after 
the first Monday in November. The senators are 
chosen at the same time for four years ; the seats 
of one-half of them being vacated biennially. The 
general assembly meets annually at Kichmond on 
the first Monday in December. The governor is 
chosen once in four years by a plurality of votes, 
and is inehgible for the four years next succeeding. 

NORTH CAROLINA. 

In North Carolina the legislative power is vested 
in a senate of 60 members, elected for two years, on 
the first Thursday in August, and a house of com¬ 
mons of 120 members, also elected once in two years, 
which together are styled “ The General Assembly.” 
The governor is chosen every four years by the 
people. The assembly meets biennially at Kaleigh, 
on the first Thursday in November. 

SOUTH CAROLINA. 

In South Carolina the legislative power is vested 
in a senate of 45 members, and a house of repre¬ 
sentatives of 124 members, which together are styled 

A 

How many in the house ? 

When and for how long are the delegates chosen ? 

When and for how long are the senators chosen ? 

How and for what period is her governor chosen ? 

How many members in the senate of North Carolina ? 

For how long elected ? 

In the house, and for how long chosen ? 

How many members in the senate of South Carolina ? 


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INSTRUCTOR. 


Q 



‘‘ The General Assembly.” The senators are elected 
for four years, one-half of them being chosen every 
two years. The representatives are elected for two 
years, on the third Wednesday in October. The 
assembly meets annually at Columbia, on the fourth 
Tuesday in November. The governor is elected for 
two years by the people. 


GEORGIA. 

The senate of Georgia consists of 44 members, 
chosen biennially on the Tuesday after the first 
Monday in November, and a house of representa¬ 
tives of 175, chosen at the same time. The assem¬ 
bly meets biennially, at Atlanta, on the second Wed¬ 
nesday in January. The governor is elected once in 
four years by the people. 


ALABAMA. 

The legislative power of Alabama is vested in a 
senate of 33 members, elected for four years, one- 
half being elected biennially, and a house of repre¬ 
sentatives of 100 members, chosen for two years, on 
the Tuesday after the first Monday in November. 


For how long elected ? 

In the house, when and for how long elected ? 

How is the governor elected ? 

How many members in the senate of Georgia ? 

When and for how long elected ? 

How and for what period is her governor elected ? .i 

How many members in the senate of Alabama ? 

For how long are they elected? 

In the house, when and for how long chosen ? | 

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O--o 

I 140 GOVERIfMENTAL 

Both bodies are together styled “ The General As¬ 
sembly of the State of Alabama.” The general 
assembly meets biennially at Montgomery, on the 
third Monday in November. The governor is elected 
for two years by the people. 

MISSISSIPPI. 

The senate of Mississippi consists of not less than 
one-fourth, nor more than one-third the nmnber of 
the house, elected for four years. The house con¬ 
sists of not less than 100, nor more than 120 inem- 
bers, chosen once in two years on the Tuesday after 
the first Monday in November. These two bodies 
are together styled “ The General Assembly of the 
State of Mississippi,” and meet once in two years at 
Jackson, on the Tuesday after the first Monday in 
January. The governor is elected for two years by 
the people. 

LOUISIAilA. 

In Louisiana, the legislative power is vested in a 
senate of 36 members, elected for four years, and a 
house of 101 members, chosen for two years on the 
first Monday in November. The senate and house 
together are styled “The General Assembly of the 


In what way and for how long is the governor elected ? 

Of how many does the senate of Mississippi consist ? 

For how long elected ? . 

In the house, when and for how long chosen ? 

For how long and in what way is the governor elected ? 

How many members in the senate of Louisiana ? 

For how long elected ? 

How many in the house, when and for how long elected ? 

o-o 










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INSTRUCTOR. 141 

State of Louisiana,” and meet at New Orleans on 
tlie first Monday in January, biennially. The gov¬ 
ernor and lieutenant-governor are elected by the 
people once in four years. 

ARKANSAS. 

The senate of Arkansas is composed of 24 mem¬ 
bers, elected for four years. The house of repre¬ 
sentatives is composed of 82 members, elected for 
two years on the first Monday in November. Both 
houses are together styled “ The General Assembly,” 
which meet once in two years at Little Rock, on 
the first Monday in January. The governor is 
elected once in four years. 

TENNESSEE. 

The senate of Tennessee consists of 25 members, 
elected for two years. The house of representatives 
consists of 83 members, also elected for two years, 
on the first Monday in August. Both houses are 
together styled “ The General Assembly.” 

The assembly meets once in two years at Nash¬ 
ville, on the first Monday in October. The gov¬ 
ernor is elected by the people once in two years. 

« 

Of how many does the senate of Arkansas consist ? 

For how long elected ? • 

How many in the house, when and for how long elected ? 

How often is the governor chosen ? 

How many in the senate of Tennessee? 

For how long chosen ? 

How many in the house, when and for how long chosen ? 


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GOVERNMENTAL 


o— 

142 


-? 


KENTUCKY. 

The senate of Kentucky consists of 38 members, 
elected for four years, one-fourth being elected every 
year. The house consists of 100 members, elected 
biennially on the first Monday in August. The 
senate and house together are styled “ The General 
Assembly of the Commonwealth of Kentucky.” The 
assembly meets biennially at Frankfort, on the first 
Monday of December. The governor is elected by 
the people for four years. ^ 

OHIO. 

The senate of Ohio consists of 35 members, 
elected for two years. The house of representa¬ 
tives consists of 100 members, elected biennially 
on the second Tuesday in October. The senate and 
house are together styled ‘‘ The General Assembly 
of the State of Ohio.” The assembly meets bien¬ 
nially at Columbus, on the first Monday in Jan¬ 
uary. 

The governor is elected by the people once in 
two years. 


In wliat way and for how long is the governor chosen ? 
How many members in the senate of Kentucky ? 

For how long elected ? 

How many in the house, when and for how long elected ? 
In what way and for how long is the governor elected ? 
How many members in the senate of Ohio ? 

For how long elected ? 

How many in the house, when and for how long elected ? 
In what way and for how long is the governor chosen ? 


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i 


IJS^STRUCTOK. 


9 


143 


MICHIGAN. 

The senate of Michigan is composed of 32 mem¬ 
bers, elected for two years. The house of repre¬ 
sentatives is composed of 100 members, elected 
biennially on the Tuesday after the first Monday 
in November. The senate and house are together 
styled “ The Legislature,"’ and meet at Lansing, 
biennially, on the first Wednesday in January. The 
governor is elected every two years. 


IKDIAKA. 

The senate of Indiana consists of 50 members, 
elected for four years, one-half being elected bien¬ 
nially. The house of representatives consists of 
100 members, elected for two years, on the second 
Tuesday in October. The senate and house are 
together styled “ The General Assembly.” The as¬ 
sembly meets biennially at Indianapohs, on the first 
AVednesday in January. 

The governor is elected by the people once in four 
years. 

• ILLINOIS. 

The senate of Illinois is composed of 25 members, 

f _ 

Of how many members is the senate of Michigan composed ? 

For how long elected ? 

How many in the house, when and for how long elected ? 

How often is the governor elected ? 

Of how many members does the senate of Indiana consist, 
and for how long chosen ? 

How many in the house, when and for how long elected ? 

In what way and for how long is the governor elected? 

How many members in the senate of Illinois ? 


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Q--- 

144 GOVERNMENTAL 

elected for four years, one-lialf being elected bien¬ 
nially. The house of representatives is composed 
of 90 members, elected for two years on the Tues¬ 
day after the first Monday in November. The two 
houses are together styled “ The General Assem¬ 
bly.” The assembly meets once m two years at 
Springfield, on the first Monday in January. The 
governor is chosen by the people for four years. 

MISSOURI. 

The senate of Missouri consists of 34 members, 
elected for four years, one-half being elected every 
two years. The house of representatives consists of 
200 members, elected biennially on the Tuesday 
after the first Monday in November. The two 
houses are together styled “The General Assem¬ 
bly.” The assembly meets every second year at 
Jefferson City, on the last Monday in December. 
The governor is elected for four years 

FLORIDA. 

Florida was admitted into^ the Union in 1845. 
The legislative power is vested in a senate of 24 


For how long elected ? 

How many in the house, when and for how long elected ? 

In what way and for how long is the governor chosen ? 

Of how many members does the senate of Missouri con¬ 
sist ? 

How often elected ? 

How many in the house ? 

For how long is the governor elected ? 

When was Florida admitted into the Union as a state ? 


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INSTKUCTOR. 145 

members, elected for four years, and a house of 
representatives composed of 53 members, elected 
biennially on the Tuesday after the first Monday 
in November. The two houses are together styled 
The General Assembly,” and meet annually at 
Tallahassee, on the Tuesday after the first Mon¬ 
day in January. The governor is elected for four 
years. 


TEXAS. 

Texas was admitted into the Union by a resolu¬ 
tion of Congress, in December, 1845. The legisla¬ 
tive power is vested in two distinct branches j the 
one styled the senate, and the other the house of 
representatives. The senators (30) are chosen for six 
years, and divided into three classes, so that one- 
third shall be chosen biennially. The members of 
the house (90) are elected for two years. The two 
bodies are together called “ The Legislature of the 
State of Texas.” The legislature meets biennially 
on the second Tuesday in January. The governor 
holds of6.ce for four years. The state election is 
held on the first Tuesday after the first Monday in 
November. 


How many members are there in her council ? 

How many in the house of representatives ? 

What are the council and house together styled ? 

When was Texas admitted into the Union ? 

In what is the legislative power of Texas vested ? 

For how long do her senators hold their office, and for how 
long elected ? 


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Q- 

146 GOVERNMENTAL 


IOWA. 

Iowa was adaiitted into the Union in December, 
1846. The General Assembly ” holds its sessions 
biennially on the second Monday in January. The 
senators, 49 in number, are chosen for four years, 
one-half biennially. The representatives, 100 in 
number, are chosen for two years, on the second 
Tuesday in October. The governor is elected for 
two years. 

WISCONSIN. 

AVisconsin was admitted into the Union in 1848. 
The legislature meets annually on the first AVed- 
nesday in January. There are now 100 members 
of the assembly, chosen annually, and 33 senators, 
one-half chosen each year. The general elections 
are held annually on the Tuesday after the first 
Monday in November. The governor is chosen for 
two years. 

CALIFORNIA. 

California was admitted into the Union in 1850. 
The senators, 40 in number, are elected for four 
years, one-half being elected every second year. The 
representatives, 80 in number, are elected for two 
years. The legislature meets biennially, on the first 


O 


Give some account of Iowa and its government ? 

Is Wisconsin a state ? 

What is said of Wisconsin ? 

When was California admitted into the Union ? 
How many square miles does it contain ? 

How many inhabitants ? For what distinguished ? 


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147 


IN'STRUCTOR. 

Monday in December. The governor is chosen 
every four years. The state election is on the first 
Tuesday in September. 

MIITI^ESOTA. 

Minnesota was admitted into the Union May 11, 
1858. The legislature. of the state consists of a 
senate and house of representatives. The senators, 
22 in number, are chosen for two years, one-half 
being elected each year. The representatives, 47 in 
number, are elected annually. The legislature meets 
on the Tuesday after the first Monday in January. 
The governor is chosen by a plurahty vote once in 
two years. The election for state officers is on the 
Tuesday after the first Monday in November. 

OREGOI7. 

Oregon adopted a state constitution November 9, 
1857, and was admitted into the Union February 
14, 1859. The senate is composed of 16 members, 
elected for four years. The house of representa¬ 
tives is composed of 34 members, elected for two 
years. The legislature meets biennially on the sec¬ 
ond Monday in September. The governor is elected 
by the people for four years. The general election 
is held on the first Monday in June. 


When was Minnesota admitted into the Union ? 

How many in the house, when and for how long elected ? 
Of how many does the senate consist ? 

For how long and in what way is the governor elected ? 
When was the constitution of Oregon adopted? 

Of how many members are its senate and house of repre¬ 
sentatives composed, and for how long elected ’? 


o 


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148 GOVER^TMEKTAL 


KANSAS. 

Kansas was set off from the Indian Territory in 
1854, and was admitted into the Union as a state 
December 5, 1861. The senate consists of 25 mem¬ 
bers, elected for two years. The house consists of 75 
members, elected annually. The legislature meets 
annually on the second Tuesday in January. The 
governor is elected for two years. The state elec¬ 
tion is on the Tuesday after the first Monday in 
November. 

WEST VIRGIliriA. 

West Virginia adopted a constitution May 3, 
1862, and was admitted into the Union, with the 
full privileges of a state, June 20, 1863. The legis¬ 
lative power is vested in a senate and house of dele¬ 
gates, the former consisting of 22 senators, elected 
for two years, and the latter of 57 delegates, elected 
for one year. The legislature meets annually on the 
second Tuesday in January. The governor is elected 
biennially. The state election is on the fourth Thurs¬ 
day in October. 

NEVADA. 

Nevada was admitted into the Union as a state 


What is said of Kansas ? 

How many senators and representatives has it, and for how 
long elected ? 

What is said of West Virginia ? 

In whom is its legislative power vested ? 

For how long are its senators and delegates elected ? 

When did Nevada become a state ? 

6 -- 


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INSTRUCTOR. 149 

October 31, 1864. The senate consists of 19 mem¬ 
bers, and the house of 38 members, elected bien¬ 
nially on the Tuesday after the first Monday in No¬ 
vember. The legislature meets on the first Monday 
in January. The governor is chosen by the people, 
and holds office for four years. 


NEBRASKA. 

Nebraska was organized as a territory iu 1854, 
and admitted into the Union as a state in February, 
1867. The senators, 13 in number, and the repre¬ 
sentatives, 39 in number, are chosen on the second 
Tuesday in October, for two years. The general 
assembly meets on the Tuesday after the first Mon¬ 
day in January. The governor is elected on the 
second Tuesday in October for two years. 


TERRITORIES. 

There are ten organized territories, viz., Arizona, 
Colorado, Dakota, Idaho, Montana, New Mexico, 
Utah, Washington, AVyoming, and the District of 
Columbia. These have been organized by act of 
Congress, and have each a legislative assembly con- 


What is said of its legislature ? 

What is said of Nebraska ? 

How many senators and representatives has it, and for how 
long are they chosen ? 

Wliat are the territories of the United States? 

How were they organized ? 

What is said in regard to legislative assembly ? 


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150 GOVERNMENTAL 

sisting of a council and house of representatives. 
Laws passed by the assembly are subject to the ap¬ 
proval of Congress. The governor of each territory 
is appointed by the President of the United States, 
with the advice and consent of the senate. Each 
territory is allowed a delegate to the house of repre¬ 
sentatives of the United States, who is entitled to 
speak on all subjects in which the territory is inter¬ 
ested, but not to vote. 

As in the general government so in all the state 
governments, every act must pass both houses of the 
legislature before it can become a law. 

The governors of the states have a limited veto 
on the state Acts, similar to the President’s veto on 
the Acts of Congress. 

The state laws can operate only in the state which 
passes them. If the legislature of a state enacts a 
law contrary to the constitution of the same state, 
such law would be null and void. 

The time for which state senators are chosen 
varies, in different states, from one to six years. 
In several of the states the state senators are chosen 
for only one year, in others for two years, or for 
three years; in a large number for four years, and 
in one for six years. 

The time for which members of the house of 


To what are the laws passed by the territories subject ? 
Must every act of a state legislature pass both houses before 
it can become a law ? 

Have the governors any veto ? 

Where can a state law operate ? 

What if the legislature of a state passes a law contrary to 
the constitution of the state ? 


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INSTRUCTOE. 151 

representatives hold tlieir office is not the same in 
all the states. In some of the states they hold their 
office for one year, in others for two years. 

Therefore, throughout all the states there is a 
frequent change of legislators, or an opportunity 
to change them. If any law is passed by a legis¬ 
lative body, contrary to tlie wishes of the people, 
and the same legislature which passes it refuses 
to repeal it, the people at the next election can 
elect persons who will repeal it. In this way, in¬ 
surrections and rebellions against the laws are in 
a great measure prevented. For the peo]Dle always 
have a peaceable remedy for existing evils at the 
ballot-box. 


In how many states are state senators chosen for only one 
year? 

In how many for two ? For three ? 

In how many states do members of tne house of representa¬ 
tives of the state hold their office for only one year ? 

In how many for two years ? 

What advantage is there in frequent elections ? 




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152 GOVERNMENTAL 


JUDICIARY. 

Tlie next department of the state governments is 
the judicial department. 

It is composed of the judges of the several state 
courts. To them is intrusted the power of judging 
of the state laws. 

The judges of the several states are appointed in 
different ways, and hold their offices for different 
periods. 

In New York the judges and justices of the peace 
are elected by the people, the state being divided into 
eight districts. The judges are so classified, that 
every two years one in each district shall leave office, 
and a new judge be elected to serve for eight years. 

In Connecticut, the judges of the higher courts 
are appointed by the legislature, for the term of 
eight years. 

In California, the justices of the supreme court are 
chosen at a special election, for ten years. 

In Minnesota, the justices of the supreme court. 


Of wliat is the judiciary of a state composed ? 

What is intrusted to them ? 

Are all the judges in the state courts appointed in the same 
manner and for the same time ? 

In New York, in what way and for how long are the judges 
appointed ? 

In Connecticut ? In California ? 


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INSTEUCTOR. 153 

and the judges of the district courts are elected by 
the people for the term of seven years. 

In Ohio, the judges of the supreme court, and the 
court of common pleas, are elected by the people for 
five years. 

In Michigan, the judges of the supreme court are 
elected for eight years by the people. 

In Indiana, the justices of the supreme court are 
elected by the people for seven years, and the jus¬ 
tices of the circuit courts for six years. 

In Massachusetts, the judges of the supreme court 
are appointed by the governor, and hold their office 
during good behavior. 

In Virginia, the judges are elected by the people— 
those of the supreme court for twelve, and of the 
circuit courts for eight years. 

In North Carolina, the judges of the higher 
courts are appointed by the people for eight 
years. 

In South Carolina, the justices of the supreme 
court are appointed by the general assembly for six 
years. 


How are the justices and judges appointed in Minne¬ 
sota ? 

In Ohio, in what way and for what time are the judges ap¬ 
pointed ? 

In Michigan ? 

In what way and for what time are the justices appointed 
in Indiana ? 

In Massachusetts how are the judges appointed? 

How in Virginia ? For what time ? 

How and for what time in North Carolina ? 

In South Carolina ? 


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c--—o 

154 GOTERXMEXTAL 

In Pennsylvania the judges are elected by the 
votes of the people at large. The judges of the 
supreme court hold their office for 15 years, if they 
so long behave themselves well, and president 
judges of the courts of common pleas for 10 
years, on the same condition. 

Thus, we see that the judges in the several states 
are some of them elected by the direct vote of the 
people, some by the legislature of the state, and some 
are appointed by the governor, with the approval of 
the senate. Each mode has its advantages and dis¬ 
advantages. The peculiar institutions of one state 
may lead them to adopt one mode, while the peculi¬ 
arities of another state induce the people to adopt a 
different method. 

The time for which the judges hold their office is 
equally various as we have seen, it being in some 
states 4 years, in others, 7, S, 12 2 Lnd 15 years, in 
some till 60, 65 and 70 years of age, in others, during 
good behaviw. 

In most of the states, the highest court in the state 
is called the supreme court. 

In New Hamf^hire and Delaware, the high^ 
court is called the superior court. In Maryland, Tir- 


Ib Pennsyiraiua, bow are tbe judges appointed ? 

How long do tbe judges of tbe sapreme court bold tbeir office ? 
How the pregadent judges o( tbe coarts of common pleas ? 
What then are the dffierent ways in which the judges of state 
coarts are appointed? 

What are tbe diffierent periods for which they bold their office ? 
Are the highest courts in each state called by the same name ? 


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iy 


INSTRUCTOR, 



ginia and Kentucky, the highest court is called the 
court of appeals; in Georgia, the supreme court; and 
in ^lississippL the high court of errors and appeals. I 

There are, also, in ah the states, inferioi »uns, 
called by different names. 

But. by whatever name the courts in the several 
states may be called, the jurisdiction of the courts of 
each state is nearly the sime. That is to say, there j 
are in each state, courts which have jurisdiction of 
all suits in which prapeTty is invcJved, and courts in j 
which all who commit crimes against the laws of 1 
the state are tried. In all the states, suits may be | 
appealed from lower to higher courts; thus both tlie I 
law and facts may be re-examined in the higher 
court: or cases may be taken from a lower to a 
his^her court by writ of error, in which case the law 
only can be re-examined by the higher court- And 
if the higher court reverse the decision of the judge 
in the court below, the case is sent back to the same 
court for a new triaL 

In ail the states the trial by jury is preserved. 


Are the infenor co<zrt3 in all the states calkd by the same names? 
What E said of the jazkdictioa of the state cooits? 

Is the right of trial by jury preserred in all the states ? 


r 


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D - 

156 GOVERNMENTAL 


EXECUTIVE POWER. 

The third great department in the state govern¬ 
ments is the Executive power. 

In all the states the executive power is vested in a 
governor, who in all the states but Virginia and South 
Carolina, is elected by the people ; in those two states 
he is elected by joint vote of both houses of their re¬ 
spective legislatures. 

Some of the states elect a Lieutenant Governor at 
the same time, who, in case of death, resignation or 
impeachment of the governor, will perform the du¬ 
ties of governor until the next election. In other 
states, if the gubernatorial chair become vacant the 
president of the senate performs the duties of gover¬ 
nor. 

In four of the states, Maine, Alabama, Illinois 
and Arkansas, the governor must be a native born 
citizen. In New Hampshire he must be of the Prot¬ 
estant religion. In Missouri he must be thirty-five 
years of age. In other states he must be 39 years 
of age. 


What is the third great department in the state governments ? 

In what officer is the executive power vested in every state ? 

How is he chosen ? 

What other officer is chosen in some of the states at the same 
time ? 

What if the gubernatorial chair becomes vacant ? 

In what states must the governor be a native born citizen ? 

Of what age must a governor be ? 


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c 


INSTRUCTOR. ITll 

Ill some of the states the governor, as we have 
seen, is chosen annually, in others once in 2 years, in 
others once in 3 years, and in others once in 4 years. 
In most of the states the governor is voted for direct¬ 
ly by the people ; and if no candidate has such a 
majority as is required, the legislature elects the gov¬ 
ernor out of the candidates voted for by the people. 
In two of the states he is chosen by joint ballot of 
both houses of the legislature. 

In some of the states the governor appoints the 
judges, in other states he only commissions them. In 
each state the governor also commissions all military 
officers. The governor of each state is commander- 
in-chief of the militia of the state, except when they 
are called into the service of the United States. The 
governor in most of the states has power to remit fines 
and forfeitures incurred under the state laws, and 
also to grant reprieves and pardons for offences com¬ 
mitted against the laws of the state. 


For what length of time is he chosen ? 

How is the governor chosen in most of the states ? 

How in the rest ? 

Whom does the governor commission ? 

What power has the governor over fines and forfeitures ? 
What over reprieves and pardons ? 




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158 GOVERNMENTAL 


WASHINGTON’S LETTER. 

After several ineffectual attempts to ascertain the 
public sentiment, in regard to the revision of the fed¬ 
eral system of government, as estabhshed in the ar¬ 
ticles of confederation, it was finally proposed that a 
convention be held at Philadelphia in May, 1787, 
composed of delegates from all the states, for the 
adoption of some new system which would impart 
more general powers to the general government. Of 
the 13 original states Rhode Island was the only one 
which was not represented on that occasion. After 
a session of some four months, our present constitu¬ 
tion was framed, and submitted to congress by the 
president of the convention, George Washington, ac¬ 
companied by the following explanatory letter: 

In Convention, Sept. 17, 1787. 

Sir : 

We have now the honor to transmit to the consid¬ 
eration of the United States in congress assembled, 
that constitution which has appeared to us the most 
advisable. 

The friends of our country have long seen and de¬ 
sired that the power of making war, peace, and 
treaties, that of levying money, and regulating com¬ 
merce, and the correspondent executive and judicial 
authorities, should be fiiUy and effectually vested in 
the general government of the union; but tlie im¬ 
propriety of delegating such extensive trust to one 
- O 









a 


c 

INSTRUCTOR. 159 

body of men is evident; hence results the necessity 
of a dilTerent organization. 

It is obviously impracticable in the Federal Gov- 
e.nment of these states to secure all rights of inde¬ 
pendent sovereignty to each, and yet provide for the 
interest and safety of all. Individuals entering into 
society must give up a share of liberty to preserve the 
rest. The magnitude of the sacrifice must depend as 
well on situation and circumstance, as the object to 
be obtained. It is at all times difficult to draw with 
precision the line between those rights which must 
be surrendered, and those which may be preserved; 
and, on the present occasion, this difficulty was in¬ 
creased by a difference among the several states as 
to their situation, extent, habits, and particular in¬ 
terests. 

In all our deliberations on this subject, we kept 
steadily in our view that which appears to us the 
greatest interest of every true American, the consoli¬ 
dation of our union, in which is involved our pros¬ 
perity, felicity, safety—perhaps our national existence. 
This important consideration, seriously and deeply im¬ 
pressed on our minds, led each state in the conven¬ 
tion to be less rigid on points of inferior magnitude 
than might have been otherwise expected; and thus, 
the constitution which we now present is the result 
of a spirit of amity, and that mutual deference and 
concession, which the peculiarity of our political sit¬ 
uation rendered indispensable. 

That it will meet the full and entire approbation 
of every state is not perhaps to be expected; but 
each will, doubtless, consider that had her interest 

y _ ! ---c. 


14 







o 


160 GOVERNMENTAL 

alone been consulted, the consequences might have 
been particularly disagreeable or injurious to the 
others; that it is liable to as few exceptions as could 
reasonably have been expected, we hope and believe ; 
that it may promote the lasting welfare of that 
country so dear to us all, and secure her freedom and 
happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, 
your Excellency’s most obedient and humble 
servants. 

Ey the unanimous order of the convention, 

GEO. WASHINGTON, Pres’t. 
His Exc. the President of Congress. 

Congress resolved, unanimously, that tlie Report 
with the letter accompanying it, be transmitted to 
the several legislatures, in order to be submitted to a 
Convention of Delegates chosen, in each state by 
the people thereof. 

Accordingly conventions were called in eleven of 
the states, and the sentiments embraced in the arti¬ 
cles submitted being in accordance with the views of 
the respective states, they were adopted, and pre¬ 
sented in tlie following Constitution of the United 
States: 


6 


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INSTRUCTOR. 161 


CONSTITUTION. 

We, the people of the United States, in order to 
form a more perfect union, establish justice, ensure 
domestic tranquillity, provide for the common defence, 
promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the United States 
of America. 

ARTICLE I.-SECTION I. 

1. All legislative powers herein granted, shall be 
vested in a congress of the United States, which 
shall consist of a senate and house of representatives. 

SECTION II. 

1. The house of representatives shall be composed 
of members chosen every second year by the people 
of the several states ; and the electors in each state 
shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature. 

2. No person shall be a representative who shall 
not have attained to the age of twenty-five years, 
and been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

3. Representatives and direct taxes shall be ap 
portioned among the several states which may be in¬ 
cluded within this union, according to their respective 
numbers, which shall be determined by adding to the 
whole number of free persons, including tliose bound 

6 --- 




GOVERNMENTAL 


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Q— 


162 


to service for a term of years, and excluding Indians 
not taxed, three-fifths of all other persons. The 
actual enumeration shall be made within three years 
after the first meeting of the congress of the United 
States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one 
for every thirty thousand, but each state shall have 
at least one representative; and until such enumera¬ 
tion shall be made, the state of New Hampshire 
shall be entitled to choose three; Massachusetts 
eight; Rhode Island and Providence Plantations 
one ; Connecticut five; New York six; New Jersey 
four ; Pennsylvania eight; Delaware one ; Mary¬ 
land six f Virginia ten; North Carolina five: 
Routh Carolina five; and Georgia three. 

4. When vacancies happen in the representation 
from any state, the executive authority thereof shall 
issue writs of election to fill up such vacancies. 

5. The house of representatives shall choose their 
speaker and other officers, and shall have the sole 
power of impeachment. 

SECTION III. 

1. The senate of the United States shall be com¬ 
posed of two senators from each state, chosen by the 
legislature thereof, for six years; and each senator 
shall have one vote. 

2. Immediately after they shall be assembled in 
consequence of the first election, they shall be divided, 
as equally as may be, into three classes. The seats of 
the senatoi’s of the first class shall be vacated a,t the 









O—-—-o 

INSTRUCTOR. 163 

expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third 
class at the expiration of the sixth year, so that one- 
third may be chosen every second year; and if va¬ 
cancies happen, by resignation or otherwise, during 
the recess of the legislature of any state, the execu¬ 
tive thereof may make temporary appointments until 
the next meeting of the legislature, which shall then 
fill such vacancies. 

3. No person shall be a senator wdio shall not have 
attained to the age of thirty years, arid been nine 
years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that state for 
which he shall be chosen. 

4. The vice-president of the United States shall be | 
president of the senate, but shall have no vote, unless 
they be equally divided. 

5. The senate shall choose their other officers, and 
also a president pro tempore, in the absence of the 
vice-president, or when he shall exercise the office of 
president of the United States. 

6. The senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the president 
of the United States is tried, the chief justice shall 
preside; and no person shall be convicted wdthoiit the 
concurrence of two-thirds of the members present. 

7. Judgment in case of impeachment shall not ex¬ 
tend further than to removal from office, and disqualifi¬ 
cation to hold and enjoy any office of honor, trust or 
profit, under the United States ; but the pai ty con¬ 
victed shall nevertheless be liable and subject to in- 


14 




o 


164 GOVERNMENTAL 


dictment, trial, judgment, and punished according to 
law. 


SECTION IV. 

1. The times, places, and manner of holding elec¬ 
tions for senators and representatives, shall be pre¬ 
scribed in each state by the legislature thereof; but 
the congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators. 

2. The congress shall assemble at least once in 
every year, and such meeting shall be on the first 
Monday in December, unless they shall by law ap¬ 
point a dilferent day. 

SECTION V. 

1. Each house shall be the judge of the elections, 
returns, and qualifications of its own members ; and a 
majority of each shall constitute a quorum to do bu¬ 
siness ^ but a smaller number may adjourn from day 
to day, and may be authorized to compel the at¬ 
tendance of absent members, in such manner and 
under such penalties as each house may provide. 

2. Each house may determine the rules of its pro¬ 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a mem¬ 
ber. 

3. Each house shall keep a journal of its proceed¬ 
ings, and from time to time publish the same, except¬ 
ing su( h parts as may in their judgment require se¬ 
crecy ; and the yeas and nays of the members of 
either house, on any question, shall, at the desire of 
one-fifth of those present, be entered on the journal, j 

fj 








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INSTRUCTOR. 165 

4. Neither house, during llie session of congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting. 

SECTION VI. 

1. The senators and representatives shall receive 
a compensation for their services, to be ascertained by 
law, and paid out of the treasury of the United States. 
TL^hey shall, in all cases, except treason, felony, and 
breach of the peace, be privileged from arrest during 
their attendance at the session of their respective 
houses, and in going to or returning from the same ; 
and for any speech or debate in either house, they 
shall not be questioned in any other place. 

2. No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time ; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance in office. 

SECTION VII. 

1. All bills for raising revenue shall originate in 
the house of representatives; but the senate may 
propose or concur with amendments, as on other bills. 

2. Every bill which shall have passed (he house 
of representatives and the senate, shall, before it be¬ 
come a law, be presented to the president of the Uni¬ 
ted States ; if he approve, he shall sign it; but if 









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166 GOVERNMENTAL 


not, he shall return it, with his objectiotfis, to that 
house in which it shall have originated, who shall 
I enter the objection at large on their journal, and pro- 
, ceed to re-consider it. If, after such re-consideration, 

1 two-thirds of that house shall agree to pass the bill, it 
I shall be sent, together with the objections, to the 
I other house, by which it shall likewise be re-consid- 
I ered, and if approved by two-thirds of that house, it 
shall become a law. But in all such cases, the votes 
of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against 
the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the 
president within ten days (Sundays excepted) after 
it shall have been presented to him, the same shall 
be a law in like manner as if he had signed it, un¬ 
less the congress by their adjournment prevent its re¬ 
turn, in which case it shall not be a law. 

3. Every order, resolution, or vote, to which the 
concurrence of the senate and house of representa¬ 
tives may be necessary, (except on a question of ad¬ 
journment,) shall be presented to the president of the 
United States; and before the same shall take effect, 
shall be approved by him, or being disapproved by 
him, shall be re-passed by two-thirds of the senate 
and house of representatives, according to the rules 
and limitations prescribed in the case of a bill. 

SECTION VIII. 

The congress shall have power— 

I 1. To lay and collect taxes, duties, imposts, and 
I excises; to pay the debts and provide for the com- 
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INSTRUCTOR. 167 

mon defence and general welfare of the United 
States ; but all duties, imposts, and excises, shall be 
uniform throughout the United States : 

2. To borrow money on the credit of the United 
States: 

3. To regulate commerce with foreign nations, 
and among the several states, and with the Indian 
tribes: 

4. To establish a uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies 
throughout the United States : 

5. To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures: 

6. To provide for the punishment of counterfeit¬ 
ing the securities and current coin of the United 
States: 

7. To establish post offices and post roads: 

8. To promote the progress of science and useful 
arts, by securing, for limited times, to authors and in¬ 
ventors, the exclusive right to their respective writings 
and discoveries: 

9. To constitute tribunals inferior to the supreme 
court: To define and punish piracies and felonies 
committed on the high seas, and offences against the 
law of nations: 

10. To declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land 
and water: 

11. To raise and support armies; but no appro 
priation of money to that use shall be for a longer 
term than tw^o years : 

O- 


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168 GOVERNMENTAL 

12. To provide and maintain a navy: 

13. To make rules for the government and regu¬ 
lation of the land and naval forces : 

14. To provide for calling forth the militia to exe¬ 
cute the laws of the union, suppress insurrections, 
and repel invasions: 

1.5. To provide for organizing, arming, and dis¬ 
ciplining the militia, and for governing such part of 
them as may be employed in the service of the Uni¬ 
ted States, reserving to the states respectively the ap¬ 
pointment of the officers, and the authority of train¬ 
ing the militia according to the discipline prescribed 
by congress : 

16. To exercise exclusive legislation in all cases 
whatsoever, over such district (not exceeding ten 
miles square) as may, by cession of particular states, 
and the acceptance of congress, become the seat of 
government of the United States, and to exercise like 
authority over all places purchased, by the consent 
of the legislature of the state in which the same shall 
be, for the erection of forts, magazines, arsenals, dock¬ 
yards, and other needful buildings :—and, 

17. To make all laws wl’ich shall be necessary 
and proper for carrying into execution the foregoing 
powers, and all other powers vested by this constitu¬ 
tion in the government of the United States, or in 
any department or officer thereof. 

SECTION IX. 

1. The n igration or importation of such persons as 
any of the states now existing shall think proper to 
admit, shall not be prohibited by the congress prior 
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INSTRUCTOR. 


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169 


to the year one tliousand eight hundred and eight, - 
but a tax or duty may be imposed on such importa¬ 
tion, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall 
not be suspended, unless when, in cases of rebellion 
or invasion, the public safety may require it. 

3. No bill of attainder, or ex post facto law, shall 
be })assed. 

4. No capitation or other direct tax shall be laid, 
unless in proportion to the census or enumeration 
herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported 
from any state. No preference shall be given by any 
regulation of commerce or revenue to the ports of one 
state over those of another : nor shall vessels bound 
to or from one state, be obliged to enter, clear, or pay 
duties in another. 

6. No money shall be drawn from the treasury, 
but in consequence of appropriations made by law ; 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub¬ 
lished from time to time. 

7. No title of nobility shall be granted by the Uni¬ 
ted States, and no person holding any office of profit 
or trust under them, shall, without the consent of the 
congress, accept of any present, emolument, office, or 
title of any kind, whatever, from any king, prince, or 
foreign state. 

SECTION X. 

1. No state shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal: 





GOVERNMENTAL 


^TO 


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coin money; emit bills of credit; make any thing 
but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, ex post facto law, or law 
impairing the obhgation of contracts; or grant any 
title of nobility. 

2. No state shall, without the consent of the con¬ 
gress, lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for execu¬ 
ting its inspection laws ; and the net produce of aU 
duties and imposts, laid by any state on imports or 
exports, shall be for the use of the treasury of the 
United States, and all such laws shall be subject to 
the revision and control of the congress. No state 
shall, without the consent of congress, lay any duty 
of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with an¬ 
other state, or with a foreign power, or engage in 
war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II.-SECTION I. 

1. The executive power shall be vested in a pres¬ 
ident of the United States of America. He shall 
hold his office during the term of four years, and, to¬ 
gether with the vice-president, chosen for the same 
term, be elected as follows : 

2. Each state shall appoint, in such manner as the 
legislature thereof may direct, a number of electors, 
equal to the whole number of senators and represen¬ 
tatives to which the state may be entitled in the con¬ 
gress ; but no senator or representative, or person hold- 

0 - 





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INSTRUCTOR. • 171 

ing an office of trust or profit under the United States, 
shall be appointed an elector. 

3. The electors shall meet in their respective 
states, and vote by ballot for two persons, of whom 
one at least shall not be an inhabitant of the same 
state with themselves. And they shall make a list 
of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, 
and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate. 
The president of the senate shall, in the presence of 
the senate and house of representatives, open all the 
certificates, and the votes shall then be counted. The 
person having the greatest number of votes shall be 
the president, if such number be a majority of the 
whole number of electors appointed, and if tliere be 
more than one who have such majority, and have 
an equal number of votes, then the house of rep¬ 
resentatives shall immediately choose, by ballot, one 
of them for president; and if no person have a ma¬ 
jority, then, from the five highest on the list, the said 
house shall, in like manner, choose the president. 
But, in choosing the president, the votes shall be 
taken by states, the representation from each state 
having one vote 5 a quorum for this purpose shall 
consist of a member or members from two-thirds of 
the states, and a majority of all the states shall be ne¬ 
cessary to a choice. In every case, after the choice 
of the president, the person having the greatest num¬ 
ber of votes of the electors, shall be the vice-president. 
But if there should remain two or more who have 


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p------o 

T 172 • GOVERNMENTAL 

equal votes, the senate shall choose from them, by 
ballot, the vice-president. 

4. The congress may determine the time of choos¬ 
ing the electors, and the day on which they shall 
give their votes; which day shall be the same 
throughout the United States. 

5. No person, except a natural born citizen, or a 
citizen of the United States at the time of the adojv 
tion of this constitution, shall be eligible to the office 
of president: neither shall any person be eligible to 
that office, who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident 
within the United States. 

6 . In case of the removal of the president from 
office, or of his death, resignation, or inability to dis¬ 
charge the powers and duties of the said office, the 
same shall devolve on the vice-president, and the 
congress may, by law, provide for the case of re¬ 
moval, death, resignation, or inability, both of the 
president and vice-president, declaring what officer 
shall then act as president, and such officer shall act 
accordingly, until the disability be removed, or a 
president shall be elected. 

7. The president shall, at stated times, receive for 
his services a compensation, which shall neither be 
increased nor diminished during the period for which 
he shall have been elected, and he shall not receive 
within that period any other emolument from the 
United States, or any of them. 

8 . Before he enter on the execution of his office, he 
shall take the following oath or affirmation: 

9. 1 do solemnly swear (or affirm) that I will faith- 


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INSTRUCTOR. 173 

fully execute the office of President of the United 
States, and will, to the best of my ability, preserve, pro¬ 
tect, and defend, the constitution of the United States. 

SECTION II. 

1. The president shall be commander-in-chief of 
the army and navy of the United States, and of the 
militia of the several states, when called into the 
actual service of the United States ; he may require 
the opinion, in writing, of the principal officer in 
eacli of the executive departments, upon any subject 
relating to the duties of their respective offices; and 
he shall have power to grant reprieves and pardons 
for offences against the United States, except in cases 
of impeachment. 

2. He shall have power, by and with the advice 
and consent of the senate, to make treaties, provided 
two-thirds of the senators present concur: and he 
shall nominate, and by and with the advice and con¬ 
sent of the seriate, shall appoint ambassadors, other 
public ministers and consuls, judges of the supreme 
court, and all other officers of the United States, 
whose appointments are not herein otherwise pro¬ 
vided for, and which shall be established by law. 
But the congress may, by law, vest the appointment 
of such inferior officers as they think proper, in the 
president alone, in the courts of law, or in the heads 
of departments. 

3. The president shall have power to fill up all 
vacancies that may happen during the recess of the 
senate, by granting commissions which shall expire at 

I the end of their next session. 









■Q 


O--- 

174 GOVERNMENTAL 


SECTION III. 

1. He shall, from time to time, give to the congress 
information of the state of the Union, and recom- 
. mend to their consideration such measures as he shall 
judge necessary and expedient; he may, on extraor¬ 
dinary occasions, convene both houses, or either of 
them, and, in case of disagreement between them, 
with respect to the time of adjournment, he may ad¬ 
journ them to such time as he shall think proper; he 
shall receive ambassadors and other public ministers ; 
he shall take care that the laws be faithfully execu¬ 
ted ; and shall commission all the officers of the 
United States. 


SECTION IV. 

1. The president, vice-president, and all civil of¬ 
ficers of the United States, shall be removed from of¬ 
fice on impeachment for, and conviction of, treason, 
bribery, and other high crimes and misdemeanors. 

ARTICLE III.-SECTION I. 

1. The judicial power of the United States shall 
be vested in one supreme court, and in such inferior 
courts, as the congress may, from time to time, or¬ 
dain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good 
behavior ; and shall, at stated times, receive for their 
services a compensation which shall not be diminish¬ 
ed during their continuance in office. 

SECTION II. 

1. The judicial power shall extend to all cases in 

O—----- 


■o 








U“ 


INSTRUCTOR. 


■o 


175 


law and equity, arising under this constitution, the 
laws of the United States, and treaties made, or 
which shall be made, under their authority: to all 
cases affecting ambassadors, other public ministers 
and consuls; to all cases of admiralty and maritime 
jurisdiction; to controversies to which the United 
States shall be a party; to controversies between two 
or more states ; between a state and citizens of ano¬ 
ther state ; between citizens of different states; be¬ 
tween citizens of the same state claiming lands under 
grants of different states; and between a state, or 
the citizens thereof, and foreign states, citizens, or 
subjects. 

2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a state 
shall be a party, the supreme court shall have origin¬ 
al jurisdiction. In all the other cases before men¬ 
tioned, the supreme court shall have appellate jurisdic¬ 
tion, both as to law and fact, with such exceptions, 
and under sucL regulations, as the congress shall 
make. 

3. The trial of all crimes, except in cases of im¬ 
peachment, shall be by jury, and such trial shall be 
held in the state where the said crimes shall have 
been committed; but when not committed within 
any state, the trial shall be at such place or places as 
the congress may by law have directed. 

SECTION III. 

1. Treason against the United States shall consist 
only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort, .fo 

3 -- O 

0 * 










o 


o 


176 GOVERNMENTAL 

person shall be convicted of treason unless on the 
testimony of two witnesses to the same overt act, or 
on confession in open court. 

2. The congress shall have power to declare the 
punishment of treason; but no attainder of treason 
shall work corruption of blood, or forfeiture, except 
during the life of the person attainted. 

ARTICLE IV.-SECTION I. 

1. Full faith and credit shall be given in each 
state to the public acts, records, and judicial proceed¬ 
ings of every other state. And the congress may, by 
general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and 
the effect thereof. 


SECTION II. 

1. The citizens of each state shall be entitled to 
all privileges and immunities of citizens in the sev¬ 
eral states. 

2. A person charged in any state with treason, 
felony, or other crime, who shall flee from justice, and 
be found in another state, shall, on demand of the ex¬ 
ecutive authority of the state from which he fled, be 
delivered up, to be removed to the state having juris¬ 
diction of the crime. 

3. No person held to service or labor in one state 
under the laws thereof, escaping into another, shall, 
in consequence of any law or regulation therein, be 
discharged from such service or labor; but shall be 
delivered up on claim of the party to whom such ser¬ 
vice or labor may be due. 


O 





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INSTRUCTOR. 177 


SECTION III. 

1. New states may be admitted by the congress 
into this union; but no new states shall be formed or 
erected within the jurisdiction of any other state, nor 
any state be formed by the junction of two or 
more states, or parts of states, without the consent 
of the legislatures of the states concerned, as well as 
of the congress. 

2. The ^ ongress shall have power to dispose of, 
and make all needful rules and regulations respecting 
the territory or other property belonging to the United 
States; and nothing in this constitution shall be so 
construed as to prejudice any claims of the United^ 
States, or of any particular state. 

SECTION IV. 

1. The United States shall guaranty to every 
state in this union, a republican form of government, 
and shall protect each of them against invasion; and, 
on application of the legislature, or of tlie executive, 
(when the legislature cannot be convened,) against 
domestic violence. 

ARTICLE V. 

1. The congress, whenever two-thirds of both 
houses shall deem it necessary, shall propose amend¬ 
ments to this constitution; or, on the application of 
the legislatures of two-thirds of the several states, | 
shall call a convention for proposing amendments, 
which, in either case, shall be valid to all intents and 
purposes, as part of this constitution, when ratihcd 
by the legislatures of three-fourths of the stivoral 
^...--^ 











o- -- 

178 


GOVERNMENTAL 


O 


states, or by conventions in three-fourths thereof, as 
the one or the other mode of ratification may be pro¬ 
posed by the congress; provided, that no amendment 
wliich may be made prior to the year one tliousand 
eiglit hundred and eight, shall in any manner affect 
the first and fourth clauses in the ninth section of the 
first article: and that no state, vfithout its consent, 
shall be deprived of its equal suffrage in the senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered 
into, before the adoption of this constitution, shall be 
as valid against the United States under this consti¬ 
tution, as under the confederation. 

2. This constitution, and the laws of the United 
States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under 
the authority of the United States, shall be the su¬ 
preme law of the land; and the judges in every state 
shall be bound thereby, any thing in the constitution 
or laws of any state to the contrary notwithstanding. 

3. The senators and representatives before men¬ 
tioned, and the members of the several state legisla¬ 
tures, and all executive and judicial officers, both of 
the United States and of the several states, shall be 
bound by oath or affirmation to support this constitu¬ 
tion : but no religious test shall ever be required as a 
qualification to any office or public trust under the 
United States. 


ARTICLE VII. 

1. The ratification of the conventions of nine states 

3-Q 








o 


INSTRUCTOR 


179 


shall be sufficient for the establishment of this consti¬ 
tution between the states so ratifying the same. 

Done in convention, by the unanimous consent of 
the states present, the seventeenth day of Septem¬ 
ber, in the year of our Lord one thousand seven 
hundred and eighty-seven, and of the Independ¬ 
ence of the United States of America, the twelfth. 
In witness whereof, we have hereunto subscribed 
our names. 

GEORGE WASHINGTON, 
President and Deputy from Virginia. 


NEW HAMPSHIRE. 

JOHN LANGDON, 

NICHOLAS GILMAN. 

MASSACHUSETTS. 
NATHANIEL GORMAN, 

RUFUS KING. 

CONNECTICUT. 

WJLLIAM SAMUEL JOHNSON, 
ROGL-R SHERMAN. 

NEW YORK. 

ALEXANDER HAMILTON. 

NEW JERSEY. 

WILLIAM LIVINGSTON, 

DAVID BREARLY, 

WILLIABI PATERSON, 

JONATHAN DAYTON. 

PENNSYLVANIA. 
BENJAMIN FRANKLIN, 

THOMAS MIFFLIN, 

ROBERT MORRIS, 

GEORGE CLYMER, 

THOMAS FITZSIMONS, 

JARED INGERSOLL, 

JAMES WILSON, 

GOVERNEUR MORRIS. 

Attest, WILLIAM 


DELAWARE. 
GEORGE READ, 

GUNNING BEDFORD, JR. 
JOHN DICKINSON, 

RICHARD BASSETT, 

JACOB BROOM. 

MARYLAND. 

JAMES MCHENRY, 

DAN. OF ST. T. JENIFER, 
DANIEL CARROLL. 

VIRGINIA. 

JOHN BLAIR, 

JAMES MADISON, JR. 

NORTH CAROLINA. 
WILLIAM BLOUNT, 
RICHARD D. SPAIGHT, 
HUGH WILLIAMSON. 

SOUTH CAROLINA. 
JOHN RUTLEDGE, 

CHARLES C. PINCKNEY, 
CHARLES PINCKNEY, 
PIERCE BUTLER. 

GEORGIA. 
WILLIAM FEW, 

ABRAHAM BALDWIN. 

JACKSON, Secretary. 













180 


GOVERNMENTAL 


AMENDMENTS TO THE CONSTITUTION. 

Article 1. Congress shall make no law respecting 
an establishment of religion or prohibiting the free 
exercise thereof; or abridging the freedom of speech, 
or of the press ; or the right of the people peaceably 
to assemble, and to petition the government for a re¬ 
dress of grievances. 

Art. 2. A well regulated militia being necessary 
to the security of a free state, the right of the people 
to keep and bear arms shall not be infringed. 

Art. 3. No soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner; 
nor in time 3f war, but in a manner to be prescribed 
by law. 

Art. 4. The right of the people to be secure in 
their persons, houses, papers, and effects, against un¬ 
reasonable searches and seizures, shall not be vio¬ 
lated ; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particu¬ 
larly describing the place to be searched, and the per¬ 
sons or things to be seized. 

Art. 5. No person shall be held to answer for a 
capital or otherwise infamous crime, unless on a pre¬ 
sentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or pub¬ 
lic danger ; nor shall any person be subject for the 
same offence to be twice put in jeopardy of life or 
limb; nor shall be compelled, in any criminal case, 

o—-C 












0 - 


INSTllUCTOIl. 


181 


to be a witness against himself; nor be deprived of 
life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use^ 
without just compensation. 

Art. 6. In all criminal prosecutions the accused 
shall enjoy the right to a speedy and public trial, by 
an impartial jury of the state and district wherein 
the crime shall have been committed, which district 
shall have been previously ascertained by law, and 
to be informed of the nature and cause of the accu¬ 
sation : to be confronted with the witnesses against 
him ; to have compulsory process for obtaining wit¬ 
nesses in his favor; and to have the assistance of 
counsel for his defence. 

Art. 7. In suits at common law, where the value 
in controversy shall exceed twenty dollars, the right 
of trial by jury shall be preserved ; and no fact tried 
by a jury shall be otherwise re-examined in any court 
of the United States, than according to the rules of 
the common law. 

Art. 8. Excessive bail shall not be required, nor 
excessive fines imposed, nor cruel and unusual pun¬ 
ishments inflicted. 

Art. 9. The enumeration in the constitution of 
certain rights, shall not be construed to deny or dis¬ 
parage others retained by the people. 

Art. 10. The powers not delegated to the United 
States by the constitution, nor prohibited by it to the 
states, are reserved to the states respectively, or to the 
people. 

Art. 11. The judicial power of the United States 













GOVERNMENTAL 


O 


o— 


182 


shall not be construed to extend to any suit in law or 
equity, commenced or prosecuted against one of the 
United States by citizens of another state, or by cit¬ 
izens or subjects of any foreign state. 

Art. 12. § 1. The electors shall meet in theii re¬ 
spective states, and vote by ballot for president and 
vice-president, one of whom, at least, shall not he an 
inhabitant of the same state with themselves ; they 
shall name in their ballots the person voted for as 
president, and in distinct ballots the person voted for 
as vice-president; and they shall make distinct lists 
of all persons voted for as president, and of all per¬ 
sons voted for as vice-president, and of the number of 
votes for each, which lists they shall sign and certify, 
and transmit sealed to the seat of the government of 
the United States, directed to the president of the sen¬ 
ate ; the president of the senate shall, in the presence 
of the senate and house of representatives, open all 
the certificates, and the votes shall then be counted ; 
the person having the greatest number of votes for 
president, shall be the president, if such number be a 
majority of the whole number of electors appointed: 
and if no person have such majority, then from the 
persons having the highest numbers, not exceeding 
three, on the list of those voted for as president, the 
house of representatives shall choose immediately, by 
ballot, the president. But, in choosing the president, 
the votes shall be taken by states, the representation 
from each state having one vote ; a quorum for this 
purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the 
states shall be necessary to a choice. And if the 







NSTRUCTOR. 


183 


house of representatives shall not choose a president 
whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, 
then the vice-president shall act as president, as in the 
case of the death or other constitutional disability of 
the president. 

2. The person having the greatest number of votes 
as vice-president, shall be the vice-president, if such 
number be a majority of the whole number of electors 
appointed; and if no person have a majority, then 
from the two highest numbers on the list, the senate 
shall choose the vice-president: a quorum for the 
purpose shall consist of two-thirds of the whole num¬ 
ber of senators, and a majority of the whole number 
shall be necessary to a choice. 

3. But no person constitutionally ineligible to the 
office of president, shall be eligible to that of vice- 
president of the United States. 

Art. 13.—§ 1. Neither slavery nor involuntary ser¬ 
vitude, except as a punishment for crime, whereof 
the party shall have been duly convicted, shall exist 
within the United States, in any place subject to 
their jurisdiction. 

§ 2. Congress shall have power to enforce this 
article by appropriate legislation. 

Art. 14.—§ 1. AU persons born or naturalized in 
the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of the 
state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges 
or immunities of citizens of the United States; nor 
shall any state deprive any person of life, liberty, or 

> 










-o 


O- 

184 GOVERJiTMENTAL 

property, without due process of law, nor deny to 
any person within its jurisdiction the equal protec¬ 
tion of the laws. 

§ 2. Eepresentatives shall be apportioned among 
the several states according to their respective num¬ 
bers, counting the whole number of persons in each 
state, excluding Indians not taxed. But when the 
right to vote at any election for the choice of electors 
for president and vice-president of the United States, 
representatives in congress, the executive and judicial 
officers of a state, or the members of the legislature 
thereof, is denied to any of the male members of such 
state, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except 
for participation in rebellion or other crime, the 
basis of representation therein shall be reduced in 
the proportion which the number of such male citi¬ 
zens shall bear to the whole number of male citizens 
twenty-one years of age in such state. 

§ 3. No person shall be a senator or representa¬ 
tive in congress, or elector of j)resident and vice- 
president, or hold any office, civil or military, under 
the United States, or under any state, who, having 
previously taken an oath as a member of congress, 
or as an officer of the United States, or as a member 
of any state legislature, or as an executive or judicial 
officer of any state, to support the constitution of 
the United States, shall have engaged in insurrec¬ 
tion or rebellion against the same, or given aid or 
comfort to the enemies thereof. But congress may, 
by a vote of two-thirds of each house, remove such 
disability. 

§ 4. The validity of the public debt of the United 


O 




o- 


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INSTRUCTOR. 185 

States, authorized by law, including debts incurred 
for payment of pensions and bounties for services in 
suppressing insurrection or rebellion, shall not be 
questioned. But neither the United States nor any 
state shall assume or pay any debt or obligation in¬ 
curred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emanci¬ 
pation of any slave ; but all such debts, obligations, 
and claims shall be held illegal and void. 

§ 5. Congress shall have power to enforce by ap¬ 
propriate legislation the provisions of this article. 

Ai't. 15.—§ 1. The right of the citizens of the 
United States to vote shall not be denied or abridged 
by the United States or any state on account of race, 
color, or previous condition of servitude. 

§ 2. Congress shall have power to enforce by ap¬ 
propriate legislation the provisions of this article. 


O 


O 











o- 

J86 DECLARATION OF INDEPENDENCE. 


DECLARATION OF INDEPENDENCE. 

In Congress^ July 4, 1776. 

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
STATES OF AMERICA. 

When, in the course of human events, it becomes 
necessary for one people to dissolve the political 
bands which have connected them with another, 
and to assume, among the powers of the earth, the 
separate and equal station to which the laws of 
nature and of nature’s God entitle them, a decent 
respect to the opinions of mankind requires that 
they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident:—that all 
men are created equal, that they are endowed by 
their Creator with certain unalienable rights; that 
among these are life, liberty, and the pursuit of 
happiness. That to secure these rights, govern¬ 
ments are instituted among men, deriving their just 
powers from the consent of the governed; that 
whenever any form of government becomes destruc¬ 
tive of these ends, it is the right of the people to al¬ 
ter or to abolish it, and to institute a new govern- 
I ment, laying its foundation on such principles, and 
V organizing its powers in such form as to them shall 
I seem most likely to effect their safety and happi- 
j ness. Prudence, indeed, will dictate, that govern- 








o 


I DECLARATION OF INDEPENDENCE. 187 

ments long established should not be changed for 
light and transient causes ; and accordingly all ex¬ 
perience hath shown, that mankind are more dis¬ 
posed to suffer while evils are sufferable, than to 
right themselves by abolishing the forms to which 
they are accustomed. But when a long train of 
abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under 
absolute despotism, it is their right, it is their duty 
to throw off such government, and to provide new 
guards for their future security. Such has been the 
patient sufferance of these colonies ; and such is 
now the necessity which constrains them to alter 
their former systems of government. The history 
of the present king of Great Britain is a history of 
repeated injuries and usurpations, all having in di¬ 
rect object the establishment of an absolute tyranny 
over these states. To prove this, let facts be sub¬ 
mitted to a candid world. 

He has refused his assent to laws the most whole¬ 
some and necessary for the public good. 

He has forbidden his governors to pass laws of 
immediate and pressing importance, unless suspend¬ 
ed in their operation, till his assent should be ob¬ 
tained ; and when so suspended, he has utterly neg¬ 
lected to attend to them. He has refused to pass 
other laws for the accommodation of large districts 
of people, unless those people would relinquish the 
right of representation in the legislature—a right 
inestimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the repos- 









-o 


o- 

188 DECLARATION OF INDEPENDENCE. 

itory of their public records, for the sole purpose of 
fatiguing them into compliance with his measures. 

He has dissolved representative houses repeated¬ 
ly, for opposing, with manly firmness, his invasions 
on the rights of the people. 

He has refused, for a long time after such diss )- 
lutions, to cause others to be elected ; whereby the 
legislative powers, incapable of annihilation, have 
returned to the people at large, for their exercise, 
the state remaining, in the mean time, exposed to 
all the dangers of invasion from without, and con¬ 
vulsions within. 

He has endeavoured to prevent the population of 
these states; for that purpose obstructing the laws 
for naturalization of foreigners; refusing to pass 
others to encourage their migration hither, and 
raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice, 
by refusing his assent to laws for establishing judi¬ 
ciary powers. 

He has made judges dependent on his will alone 
for the tenure of their offices, and the amount and 
payment of their salaries. 

He has erected a multitude of new offices, and 
sent hither swarms of officers, to harass our people, 
and eat out their substance. 

He has kept among us, in times of peace, stand¬ 
ing armies, without the consent of our legislatures. 

He has affected to render the military independ¬ 
ent of, and superior to, the civil power. 

He has combined with others to subject us to a 
jurisdiction foreign to our constitution, and una> 











J' 


■-u 

DECLARATION OF INDEPENDENCE. 189 

knowledg'ed by our laws ; giving his assent to their 
acts of pretended legislation : 

For quartering large bodies of armed troops 
among us: 

For protecting them, by a mock trial, from pun¬ 
ishment for any murders which they should commit 
on the inliabitants of these states : 

For cutting off our trade with all parts of the 
world: 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits 
of trial by jury : 

For transporting us beyond seas to be tried for 
pretended offences: 

For abolishing the free system of English laws in 
a neighbouring province, establishing therein an 
arbitrary government, and enlarging its boundaries, 
so as to render it at once an example and fit instru¬ 
ment for introducing the same absolute rule into 
these colonies: 

For taking away our charters, abolishing our 
most valuable laws, and altering, fundamentally, 
the forms of our governments : 

For suspending our own legislatures, and de¬ 
claring themselves invested with power to legislate 
for us in all cases whatsoever. 

He has abdicted government here, by declaring 
us out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, 
burnt our towns, and destroyed the lives of our 
people. 

He is at this time transporting large armies of 



16’ 











u-'O 

190 DECLARATION OF INDEPENDENCE. 

foreign mercenaries to complete the works of death, 
desolation, and tyranny, already begun with cir¬ 
cumstances of cruelty and perfidy, scarcely paral¬ 
leled in the most barbarous ages, and totally un¬ 
worthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken cap¬ 
tive on the high seas, to bear arms against their 
country, to become the executioners of their friends 
and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections among fis, 
and has endeavoured to bring on the inhabitants of 
our frontiers the merciless Indian savages, whose 
known rule of warfare is an undistinguished de¬ 
struction of all ages, sexes, and conditions. 

In every stage of these oppressions we have pe¬ 
titioned for redress in the most humble terms: our 
repeated petitions have been answered only by re¬ 
peated injury. A prince, whose character is thus 
marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our 
British brethren. We have warned them, from time 
to time, of attempts by their legislature to extend 
an unwarrantable jurisdiction over us. We have 
reminded them of the circumstances of our emigra¬ 
tion and settlement here. We have appealed to 
their native justice and magnanimity, and we have j 
conjured them by the tie^ of our common kindred 
to disavow these usurpations, which would inevita¬ 
bly interrupt our connexions and correspondence. 
They too have been deaf to the voice of justice and 
of consanguinity. We must, therefore, acquiesce in 
O-^ 












0—-——o 

DECLARATION OF INDEPENDENCE- 191 | 

-^^- I 

the nec'issity which denounces our separation, and 
hold them, as we hold the rest of mankind—ene¬ 
mies in war, in peace friends. 

We, therefore, the representatives of the United 
States of America, in general congress assembled, 
appealing to the Supreme Judge of the world, for 
the rectitude of our intentions, do, in the nam.e and 
by the authority of the good people of these col¬ 
onies, solemnly publish and declare, that these uni¬ 
ted colonies are, and of right ought to be, free and 
independent states; that they are absolved tiom all 
allegiance to the British crown, and that all politi¬ 
cal connexion between them and the state of Great 
Britain is, and ought to be, totally dissolved ; and 
that, as free and independent states, they have full 
power to levy war, conclude peace, contract al¬ 
liances, establish commerce, and to do all other acts 
and things which independent states may of right 
do. And for the support of this declaration, with a 
firm reliance on the protection of Divine Providence, 
we mutually pledge to each other our lives, our for¬ 
tunes, and our sacred honour. 

JOHN HANCOCK. 


Samuel Adams, 

John Adams, 

Robert Treat Paine, 
Elbridge Gerry, 
JosiAH Bartlett, 
William Whipple, 
Matthew Thornton, 
Stephen Hopkins, 


William Ellery, 
Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott, 
William Floyd, 
Philip Livingston, 
Francis Lewis, 









•G 


192 DECLARATION 

OF INDEPENDENCE. 

Lew’ 5 Morris, 

Thomas Stone, 

Richard Stockton, 

Chs. Carroll, of Carrollton 

John Witherspoon, 

George Wythe, 

Francis Hopkinson, 

Richard Henry Lee, 

John Hart, 

Thomas Jefferson, 

Abraham Clark, 

Benjamin Harrilon, 

Robert Morris, 

Thomas Nf.lson, Jr. 

Benjamin Rush, 

Francis Lightfoot Lee, 

Benjamin Franklin ' 

Carter Braxton, 

John Morton, 

William Hooper, 

George Clymer, 

Joseph Hewes, 

James Smith, 

John Penn, 

George Taylor, 

Edward Rutledge, 

James Wilson. 

Thomas Heyward, Jr. 

George Ross, 

Thomas Lynch, Jr. 

C^SAR Rodney, 

Arthur Middleton, 

George Read, 

Button Gwinnett, 

Thomas M‘Kean, 

Lyman Hall, 

Samuel Chase, 

William Paca, 

George Walton. 











o 


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GOVERKMENTAL IlfSTRUCTOR. 193 


CENSUS FOR 1870; 

AND SEAT OP THE GOVERNMENT OP EACH STATE. 


States. 

Population. 

Seat of Government. 

Maine, 

628,719 

Augusta. 

New Hampshire, 

317,710 

Concord. 

Vermont, 

330,582 

Montpelier. 

Massachusetts, 

1,457,351 

Boston, 

Rhode Island, 

217,356 

Providence and Newport. 

Connecticut, 

537,417 

Hartford and New Haven. 

New York, 

4,370,846 

Albany. 

New Jersey, 

903,044 

Trenton. 

Pennsylvania, 

3,511,&43 

Harrisburgh. 

Delaware, 

125,015 

Dover. 

Maryland, 

790,095 

Annapolis. 

Virginia, 

1,211,142 

Richmond. 

North Carolina, 

1,016,954 

Raleigh. 

South Carolina, 

705,789 

Columbia. 

Georgia, 

1,174,832 

Atlanta. 

Alabama, 

1 ,002,000 

Montgomery. 

Mississippi, 

842,056 

Jackson, 

Louisiana, 

734,420 

New Orleans. 

Arkansas, 

473,174 

Little Rock. 

Tennessee, 

1,225,937 

Nashville. 

Kentucky, 

1,320,407 

Frankfort. 

Ohio, 

2,652,302 

Columbus. 

Michigan, 

1,184,653 

Lansing. 

Indiana, 

1,655,675 

Indianapolis. 

Illinois, 

2,529,410 

Springfield. 

Missouri, 

1,691,693 

Jefferson City. 

Florida, 

189,995 

Tallahassee. 

Iowa, 

1,181,359 

Iowa City. 

Wisconsin, 

1,055,501 

Madison. 

California, 

549,808 

Sacramento. 

Texas, 

800,000 

Austin. 

Minnesota, 

424,543 

St. Paul. 

Oregon, 

90,878 

Salem. 

Kansas, 

379,497 

Topeka. 

West Virginia, 

441,094 

Charleston. 

Nevada, 

42,456 

Carson City. 

Nebraska, 

116,888 

Lincoln. 


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N. MANCHESTER, 
INDIANA 46962 




















